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LAWS  OF  THE  STATE  OF  ILLINOIS 


APPLICABLE  TO  THE 


CITY  of  DANVILLE 


AND  THE 


Ordinances  of  Said  City 


COMPILED  AND  ARRANGED  BY 

O.  M.  JONES  AND. A.  A.  PARTLOW 


PUBLISHED    BY   THE    AUTHORITY   OF    THE    CITY 
COUNCIL   OF   THE   CITY  OF  DANVILLE,   ILLINOIS 


ILLINOIS    PRINTING    CO.,    DANVILLE,    IL 


ABSTRACT  OF  STATUTES 

OF  THE 

STATE  OF  ILLINOIS 

APPLICABLE  TO  CITIES 


AiA.  Sections  and  Chapters  Noted,  Refer  to 

Kurd's  Statute  of  1909,  Except  as 

Otherwise  Indicated. 


v:> 


9672 1 6 


CITIES  AND  VILLAGES. 


OF  THE  MAYOR. 

1.  Qualifications.]  (Chapter  24,  Sec.  14.)  §  1.  The  chief 
executive  officer  of  a  city  shall  be  a  mayor,  who  shall  be  a  citizen  of 
the  United  States,  a  qualified  elector,  reside  within  the  city  limits, 
and  hold  his  office  for  two  years,  and  until  his  successor  is  elected  and 
qualified. 

2.  Vacancy  one  year  or  over.]  §  2.  Whenever  a  vacancy  shall 
happen  in  the  office  of  the  mayor,  when  the  unexpired  term  shall 
be  one  year  or  over  from  the  date  when  the  vacancy  occurs,  it  shall 
be  filled  by  an  election. 

3.  Vacancy  less  than  year.]  §  3.  If  the  vacancy  is  less  than 
one  year,  the  city  council  shall  elect  one  of  its  number  to  act  as  mayor, 
who  shall  possess  all  the  rights  and  powers  of  the  mayor  until  the 
next  annual  election,  and  until  his  successor  is  elected  and  qualified. 

4.  Mayor  pro  tern.]  §  4.  During  a  temporary  absence  or 
disability  of  the  mayor,  the  city  council  shall  elect  one  of  its  number 
to  act  as  mayor  pro  tem.,  who,  during  such  absence  or  disability,, 
shall  possess  the  powers  of  mayor. 

5.  Vacancy  by  removal  from  city.]  §  5.  If  the  mayor,  at  any 
time  during  the  term  of  his  office,  shall  remove  from  the  limits  of  the 
city,  his  office  shall  thereby  iDccomc  vacant. 

6.  Mayor  to  preside — casting  vote.]  §  6.  The  mayor  shall 
preside  at  all  meetings  of  the  city  council,  but  shall  not  vote  except 
in  case  of  a  tie,  when  he  shall  give  the  casting  vote. 

7.  May  remove  officers.]  §  7.  The  mayor  shall  have  power  to 
remove  any  officer  appointed  by  him,  on  any  formal  charge,  whenever 
he  shall  be  of  the  opinion  that  the  interests  of  the  city  demand  such 
removal,  but  he  shall  report  the  reasons  for  such  removal  to  the  coun- 
cil at  a  meeting  to  be  held  not  less  than  five  days  nor  more  than  ten 
days  after  such  removal;  and  if  the  mayor  shall  fail,  or  refuse  to  file 
with  the  city  clerk  a  statement  of  the  reasons  for  such  removal,  or  if 
the  council  by  a  two-thirds  (§)  vote  of  all  its  members  authorized 
by  law  to  be  elected,  by  yeas  and  nays,  to  be  entered  upon  its  record, 
disapprove  of  such  removal,  such  officer  shall  thereupon  become 
restored  to  the  office  from  which  he  was  so  removed ;  but  he  shall  give 
new  bonds  and  take  a  new  oath  of  office.  No  officer  shall  be  removed 
a  second  tinic  for  the  same  offense. 


ABSTRACT  OF  STATUTES 


8.  Power  to  keep  peace.]  §  8.  He  may  exercise  within  the  city 
limits,  the  i)o\vers  conlVrrcd  iiiion  sheriffs,  to  su]jpress  disorder  and 
keep  tlie  peace. 

9.  Release  of  Prisoners.]  §  9.  He  may  release  any  person  im- 
l^risoncd  for  violation  of  any  city  ordinance,  and  shall  report  such 
release,  with  the  cause  thereof,  to  the  council  at  its  first  session 
thereafter. 

10.  General  duties.]  §  10.  He  shall  perfonn  all  such  duties  as 
are  or  may  be  prescribed  by  law  or  by  the  city  ordinances,  and  shall 
take  care  that  the  laws  and  ordinances  are  faithfully  executed. 

11.  Power  to  examine  records,  etc.]  §  11.  He  shall  have  power 
at  all  times  to  examine  and  inspect  the  books,  records  and  papers  of 
any  a,e;enl,  employe  or  ofiicer  of  the  city. 

12.  Messages  to  council.]  §  12.  The  mayor  shall,  annually,  and 
from  time  to  time,  gi\'e  the  council  infonnation  relati\^e  to  the  affairs 
of  the  city,  and  shall  recommend  for  their  consideration  such  measures 
as  he  may  deem  expedient. 

13.  To  call  out  militia,  etc. — riots,  etc.]  §  lv3.  He  shall  have 
])Ower,  when  necessary,  to  call  on  every  male  inhabitant  of  the  city 
over  the  age  of  18  years,  to  aid  in  enforcing  the  laws  and  ordinances, 
and  to  call  out  the  militia  to  aid  in  suppressing  riots  and  other  disor- 
derly conduct,  or  carrying  into  effect  any  law  or  ordinance,  subject 
to  the  authority  of  the  governor  as  commander-in-chief  of  the  militia. 

14.  Misconduct,  etc. — penalty.]  §  14.  In  case  the  mayor  or 
any  other  municipal  officer  shall  at  any  time  be  guilty  of  a  palpable 
omission  of  duty,  or  shall  willfully  and  corruptly  be  guilty  of  oppres- 
sion, malconduct  or  misfeasance  in  the  discharge  of  the  duties  of  his 
office,  he  shall  be  liable  to  indictment  in  any  court  of  competent 
jurisdiction,  and,  on  conviction,  shall  be  fined  in  a  sum  not  exceeding 
$1,000;  and  the  court  in  which  stich  conviction  shall  be  had  shall  enter 
an  order  removing  such  officer  from  office. 

15.  Revising  ordinances  after  change  of  organization.]  §  15. 
He  may  appoint,  by  and  with  the  advice  and  consent  of  the  cit}-  coun- 
cil, immediately  after  such  change  of  organization,  one  or  more  com- 
petent persons  to  prepare  and  submit  to  the  city  council,  for  their 
adoption  or  rejection,  an  ordinance  in  revision  of  the  ordinances  of 
such  city,  and  for  the  government  of  such  city,  the  compensation  of 
such  rcvisor  or  revisors  to  be  detennined  and  fixed  by  the  city  council 
and  paid  out  of  the  city  treasury. 

16.  In  case  of  strike — duty  of  mayor.]  (Chapter  10,  vSec.  24  a). 
"  §  6a.  It  shall  be  the  duty  of  the  mayor  of  every  city,  and  the  presi- 
dent of  every  incorporated  town  or  village,  whenever  a  strike  or 
lockout,  involving  more  than  twenty  five  employes,  shall  be  threaten- 
ed or  has  actually  occurred  within  or  near  such  city,  incorporated 
town  or  village  to  imnriediatelv  communicate  the  fact  to  the  State 


ABSTRACT  OF  STATUTES  7 

Board  of  Arbitration,  stating  the  name  or  names  of  the  employer  or  em- 
ployers and  of  one  or  more  employes,  with  their  postoffiee  addresses, 
the  nature  of  the  eontroversy  or  difference  existing,  the  number 
of  eiTiployes  involved  and  such  other  information  as  may  be  required 
by  the  said  Board.  It  shall  be  the  duty  of  the  president  or  chief 
executive  officer  of  every  labor  organization,  in  case  of  a  strike  or 
lockout,  actual  or  threatened,  involving  the  members  of  the  organiza- 
tion of  which  he  is  an  officer  to  immediately  communicate  the  fact 
of  such  strike  or  lockout  to  the  said  Board,  with  such  information 
as  he  may  possess,  touching  the  differences  or  controversy,  and  the 
number  of  employes  involved." 

OF  THE  CITY  COUNCIL. 

17.  Council — how  composed.]  (Chapter  24,  Sec.  29).  §1.  The 
city  council  shall  consist  of  the  mayor  and  aldennen. 

18.  Aldermen.]  §2.  The  number  of  aldermen,  when  not  elected 
by  the  minority  representation  plan,  shall  be  as  follows:  In  cities  not 
exceeding  3,000  inhabitants,  six  aldermen;  exceeding  3,000,  but  not 
exceeding  5,000,  eight  aldermen;  exceeding  5,000  and  not  exceeding 
10,000,  ten  aldermen;  exceeding  10,000  and  not  exceeding  30,000, 
fourteen  aldermen;  and  two  additional  aldermen  for  every  20,000 
inhabitants,  over  30,000:  Provided,  however,  that  in  cities  of  over 
350,000  inhabitants  there  shall  be  elected  forty-eight  alderman  and 
no  more,  unless  additional  territory  shall  be  annexed  to  such  city, 
after  such  city  shall  have  been  divided  into  wards  on  the  basis  of 
forty-eight  aldermen,  in  which  case  and  as  often  as  new  territory 
shall  be  annexed  to  such  city,  as  aforesaid,  containing  three  or  more 
square  miles  of  territory  or  15,000  inhabitants  and  not  exceeding 
25,000  inhabitants,  such  annexed  territory  shall  constitute  a  ward  of 
such  city,  and  the  city  council  of  such  city  shall  authorize  the  legal 
voters  of  such  annexed  territory  to  elect  two  aldermen  from  such 
ward  in  such  annexed  territory,  which  said  aldermen  in  such  annexed 
territory  shall  be  additional  to  "said  forty-eight  aldermen,  and  who 
shall  possess  all  the  qualifications  of,  and  be  elected  at  the  time  and 
in  the  manner,  provided  in  the  said  Act,  of  which  this  is  an  amend- 
ment: Provided,  that  if  said  annexed  territory'  shall  contain  more 
than  25,000  inhabitants,  then  the  city  council  shall  authorize  the 
legal  voters  of  such  annexed  territory  to  elect  two  aldennen  for  every 
25,000  inhabitants  thereof,  and  two  additional  aldermen  for  every 
fraction  of  15,000  inhabitants  or  more.  The  number  of  inhabitants 
to  be  detennined  by  the  last  preceding  national.  State  or  school 
census  of  such  annexed  territory.  And  if  any  such  annexed  territory 
has  less  than  15,000  inhabitants,  and  less  than  three  square  miles  in 
extent,  then  the  city  council  shall  annex  it  to  any  ward  or  wards  which 
it  adjoins:  Provided,  Jurther,  that  when  the  number  of  aldermen 
in  an}"  such  city  shall  reach  seventy  by  reason  of  such  annexed  terri- 


ABSTRACT  OF  STATUTES 


tory,  the  city  council  shall  redistrict  said  city  into  thirty-five  new- 
wards  and  no  more;  and  when  said  number  of  aldermen  shall  reach 
seventy,  if  any  new  territory  is  thereafter  annexed  which  shall  contain 
25,000  inhabitants,  or  more,  as  determined  by  the  last  preceding 
national,  State,  school  or  other  census  authorized  by  law  to  be  taken, 
then  said  city  council  shall  redistrict  said  city  into  thirty-five  wards; 
Provided  Juriher,  that  w^henever,  after  such  new  territory  shall  have 
been  annexed,  as  aforesaid,  said  city  shall  be  redistrictcd,  the  number 
of  wards  at  the  time  said  city  is  redistrictcd,  shall  be  preserved,  and 
the  city  council  thereof  ma3^  in  its  discretion,  change  the  boundary 
between  such  new  ward  and  the  original  territory  of  the  city,  and 
make  said  new  ward  larger  or  smaller,  to  comply  with  the  require- 
ments of  said  Act  as  to  compactness  and  cquaHty  of  inhabitants: 
And,  provided,  further,  if  it  shall  appear  from  any  census  heretofore 
or  hereafter  taken,  that  any  city  has  the  requisite  number  of  inhabit- 
ants to  authorize  it  to  increase  the  number  of  aldermen,  it  shall  be 
the  duty  of  the  city  council  thereof  to  proceed  without  delay  and  re- 
district such  city  in  accordance  with  the  provisions  hereof,  and  to  call 
and  hold  its  next  city  election  in  accordance  with  such  new  redistrict- 
ing:  Provided,  that  at  such  election,  the  aldermen  who  hold  over 
shall  be  considered  aldermen  of  the  new  wards  respectively  in  which 
their  residence  shall  be,  unless  there  shall  be  two  or  more  aldermen 
who  hold  over  in  the  same  ward  under  tliis  proviso,  then,  in  such  case, 
it  shall  be  determined  by  lot  in  presence  of  the  city  council,  in  such 
manner  as  they  shall  direct,  which  alderman  shall  hold  over  for  such 
ward. 

19.  Term  of  office.]  §  3.  Aldermen  shall  hold  their  office  for 
the  term  of  two  years,  and  until  their  successors  are  elected  and 
qualified. 

20.  Vacancy.]  §  4.  If  any  vacancy  shall  occur  in  the  office  of 
alderman  by  death,  resignation,  removal  or  otherwise,  such  vacancy 
shall  be  filled  by  election. 

21.  Qualifications.]  §  5.  No  person  shall  be  eligible  to  the 
office  of  aldei-man  unless  he  shall  be  a  qualified  elector,  and  reside 
within  the  ward  for  which  he  is  elected,  nor  shall  he  be  eligible  if 
he  is  in  arrears  in  the  pa^mient  of  any  tax  or  other  liability  due  to 
the  city ;  nor  shall  he  be  directly  or  indirectly  interested  in  any  con- 
tract whatever  to  which  the  city  is  a  party ;  nor  shall  be  he  eligible  if 
he  shall  have  been  convicted  of  malfeasance,  bribery  or  other  corrupt 
practices  or  crimes;  nor  shall  he  be  eligible  to  any  office,  the  salary 
of  which  is  payable  out  of  the  city  treasury,  if  at  the  time  of  his 
appointment  he  shall  be  a  member  of  the  city  council ;  nor  shall  any 
member  of  the  city  council  at  the  same  time  hold  any  other  office 
under  the  city  government ;  nor  shall  he  be  either  directly  or  indirect- 
ly, individually,  or  as  a  member  of  a  fimi,  engaged  in  any  business 
transaction  (other  than  official)  with  such  city,  through  its  mayor  or 


ABSTRACT  OF  STATUTES 


any  of  its  authorized  boards,  agents  or  attorneys,  whereby  any  money 
is  to  be  paid,  directly  or  indirectly,  out  of  the  city  treasury  to  such 
member  or  firms. 

22.  Council  judge  of  its  members.]  §  6.  The  city  council  shall 
be  judge  of  the  election  and  qualification  of  its  own  members. 

23.  Rules — expulsion — bribery.]  §7.  It  shall  determine  its  own 
rules  of  proceeding,  punish  its  members  for  disorderly  conduct,  and 
with  the  concurrence  of  two-thirds  of  the  aldermen  elect,  may  expel 
a  member ;  but  not  a  second  time  for  the  same  offense :  Provided,  that 
any  alderman  or  councilman  who  shall  have  been  convicted  of  bribery 
shall  thereb}'  be  deemed  to  have  vacated  his  office. 

24.  Quorum — compelling  attendance.]  §  8.  A  majority  of  the 
aldermen  elect  shall  constitute  a  quorum  to  do  business,  but  a  smaller 
number  may  adjourn  from  time  to  time,  and  may  compel  the  attend- 
ance of  absentees,  under  such  penalties  as  may  be  prescribed  by 
ordinance. 

25.  Meetings.]  §  9.  The  city  council  may  prescribe,  1:)y  ordi- 
nance, the  times  and  places  of  the  meeting  thereof,  and  the  manner 
in  which  special  meetings  thereof  may  be  called. 

26.  Chairman  pro  tem.]  §  10.  It  may  elect  a  temporary  chair- 
man in  the  absence  of  the  mayor. 

27.  Open  doors.]     §11.     It  shall  sit  with  open  doors. 

28.  Journal.]  §  12.  It  shall  keep  a  journal  of  its  own  p'rocced- 
ings. 

29.  Yeas  and  nays — record — vote  required.]  §  13.  The  yeas 
and  nays  shall  be  taken  upon  the  passage  of  all  ordinances,  and  on  all 
propositions  to  create  any  liability  against  the  city,  or  for  the  expen- 
diture or  appropriation  of  its  money,  and  in  all  other  cases  at  the 
request  of  any  member,  which  shall  be  entered  on  the  journal  of  its 
proceedings;  and  the  concurrence  of  a  majority  of  all  the  members 
elected  in  the  city  council  shall  be  necessary  to  the  passage  of  any 
such  ordinance  or  proposition:  Provided,  it  shall  require  two-thirds 
of  all  the  aldermen  elect  to  sell  any  city  or  school  property. 

30.  Not  to  rescind  vote  at  special  meeting,  unless,  etc.]  §  14. 
No  vote  of  the  city  council  shall  be  reconsidered  or  rescinded  at  a 
special  meeting,  unless  at  such  special  meeting  there  be  present  as 
large  a  number  of  aldenncn  as  were  present  when  such  vote  was  taken. 

31.  When  report  laid  over.]  §  15.  Any  report  of  a  committee 
of  the  council  shall  be  deferred,  for  final  action  thereon,  to  the  next 
regular  meeting  of  the  same  after  the  report  is  made,  upon  the  request 
of  any  two  aldermen  present. 

32.  Territorial  jurisdiction.]  §  16.  The  city  council  and  board 
of  trustees  shall  also  ha\^e  jurisdiction  in  and  over  all  places  within 
one-half  mile  of  the  city  or  village  limits,  for  the  purpose  of  enforcing 
health  and  quarantine  ordinances  and  regulations  thereof. 


10  ABSTRACT  OF  STATUTES 


33.  Special  meeting.]  §  17.  The  mayor  or  any  three  aldermen 
ma_\-  c-all  sjieeial  meeting's  of  the  eity  eouneil. 

34.  Ordinances  approval — veto. J  §  18.  All  ordinances  passed 
by  the  eity  eouneil  shall,  before  they  take  effect,  be  deposited  in  the 
office  of  the  city  clerk;  and  if  the  ma3'^or  approves  thereof,  he  shall 
sign  the  same,  and  such  as  he  shall  not  approve  he  shall  return  to  the 
council,  with  his  objections  thereto,  in  writing,  at  the  next  regular 
meeting  of  the  council  occurring  not  less  than  five  days  after  the 
passage  thereof.  Such  veto  may  extend  to  any  one  or  more  items 
or  appropriations  contained  in  any  ordinance  or  to  the  entire  ordi- 
nance; and  in  case  the  veto  only  extends  to  a  part  of  such  ordinance, 
the  residue  thereof  shall  take  effect  and  be  in  force.  But  in  ease  the 
inayor  shall  fail  to  return  any  ordinance,  with  his  objections  thereto, 
by  the  time  aforesaid,  he  shall  be  deemed  to  have  approv^ed  such  ordi- 
nance, and  the  same  shall  take  eflPect  accordingly. 

35.  Reconsideration — passing  over  veto.]  §  19.  Upon  the  re- 
turn of  an_\'  ordinance  by  the  mayor,  the  vote  by  which  the  same  was 
passed  shall  be  reconsidered  by  the  council;  and  if,  after  such  recon- 
sideration, two-thirds  of  all  the  members  elected  to  the  city  council 
shall  agree,  by  yeas  and  nays,  to  pass  the  same,  it  shall  go  into  effect, 
notwithstanding  the  mayor  may  refuse  to  approve  thereof.  The  vote 
to,  pass  the  same  over  the  mayor's  veto  shall  be  taken  by  yeas  and 
nays,  and  entered  on  the  journal. 

ELECTIONS. 

36.  Australian  Ballot.]  The  Australian  ballot  law  will  be  found  in 
Kurd's  Statutes  of  1909,  Chapter  46,  pages  982  to  993,  Sections  288 
to  323.     For  amendments  thereto  see  Session  Laws  of  1911,  page  310. 

37.  Election  Commissioners.]  The  law  governing  the  conducting 
of  elections  h\  the  Election  Commissioners  will  be  found  in  Kurd's 
Statutes  of  1909,  Chapter  46, pages  941  to  982,  Sections  155  to  287  (a). 
For  amendments  thereto  see  Session  Laws  of  1911,  page  313. 

38.  Primary  Elections.]  The  law  governing  Primary  Elections 
will  be  found  in  Kurd's  Statutes  of  1909,  Chapter  46,  pages  1004  to 

1026,  Sections  452  to  531. 

39.  Annual  Election.]  (Chapter  24,  Sec.  48.)  §  1.  A  general 
election  for  city  officers  shall  be  held  on  the  third  Tuesday  of  April, 
of  each  year:  Provided,  That  in  cities  which  include  wholly  within 
their  corporate  limits  a  town  or  towns,  such  elections  shall  be  held 
on  the  first  Tuesday  of  April. 

40.  Election  of  mayor,  etc.]  §  2.  At  the  general  election  held  in 
1877,  and  biennially  thereafter,  a  mayor,  a  city  clerk,  a  city  attorney, 
and  a  eity  treasurer  shall  be  elected  in  each  city :  Provided,  that  no 
person  shall  be  elected  to  the  office  of  city  treasurer  for  two  tenns  in 
succession. 


ABSTRACT  OF  STATUTES  11 

41.  Who  entitled  to  vote.]  §  3.  All  persons  entitled  to  vote  at 
anv  general  election  for  State  officers  within  any  city  or  village,  having 
resided  therein  thirty  days  next  preceding  thereto,  ir.ay  \^ote  at  any 
election  for  city  or  village  officers. 

42.  Wards.]  §  4.  The  city  council  of  any  city  in  this  State, 
whether  organized  tuider  this  Act  or  under  any  special  law  of  this 
State,  may,  from  time  to  time,  divide  the  city  into  one-half  as  many 
wards  as  the  total  number  of  aldennen  to  which  the  city  is  entitled ; 
and  one  alderman,  shall,  annually,  be  elected  in  and  for  each  ward, 
to  hold  his  office  for  two  years,  and  until  his  successor  is  elected  and 
qualified.  In  the  formation  of  wards  the  population  of  each  shall  be 
as  nearly  equal,  and  the  ward  shall  be  of  as  compact  and  contiguous 
territory  as  practicable. 

43.  Aldermen  at  first  election — classified.]  §  5.  At  the  first 
election  under  this  Act,  there  shall  be  elected  the  full  number  of 
aldemien  to  which  the  city  shall  be  entitled.  At  the  first  meeting 
of  the  city  council  after  such  election,  the  aldermen  elected  shall  be 
divided,  by  lot,  into  two  classes :  Those  of  the  first  class  shall  continue 
in  office  for  one  year,  and  those  of  the  second  for  two  years.  And 
upon,  any  increase  of  the  number  of  aldermen,  at  their  first  election, 
one-half  shall  be  elected  for  one  ^^ear,  and  one-half  for  two  years. 

44.  Minority  representation.]  §  6.  Whenever  this  Act  shall  be 
submitted  lo  the  qualified  electors  of  any  city  for  adoption,  there 
shall  be  submitted  at  the  same  time  for  adoption,  or  rejection,  the 
question  of  minority  representation  in  the  city  council  or  legislative 
authority  of  such  city.  At  the  said  election  the  ballot  shall  be  in  the 
following  form:  "For  minority  representation  in  the  city  council," 
or  "against  minority  representation  in  the  city  council,"  and  at  any 
subsequent  time  on  petition  of  the  legal  voters  equal  in  numiber  to 
one-eighth  the  number  of  legal  votes  cast  at  the  next  preceding  general 
city  election,  the  city  council  shall  cause  the  question  of  minority 
representation  to  be  submitted  to  the  legal  voters  of  said  city,  and 
the  ballots  shall  be  in  form,  as  provided  in  this  section:  Provided, 
that  no  such  question  of  representation  shall  be  submitted  more  than 
once  in  every  two  years.  The  judges  of  such  election  shall  make 
returns  thereof  to  the  city  council,  whose  duty  it  shall  be  to  canvass 
such  returns,  and  to  cause  the  result  of  such  canvass  to  be  entered  on 
the  records  of  such  city.  If  a  majority  of  the  votes  cast  at  such 
election  shall  be  for  equal  representation  in  the  city  council,  then  the 
members  of  the  city  council,  or  legislative  authority  of  such  city,  shall 
be  thereafter  elected  in  the  following  manner:  The  council  or  legis- 
lative authority  of  such  city,  at  least  one  month  before  the  general 
election  in  the  year  in  which  this  Act  shall  take  effect  in  such  city,  shall 
apportion  such  city  by  dividing  the  population  thereof,  as  ascertained 
by  the  last  Pt-deral  census,  by  any  number  not  less  than  two,  nor  more 
than  six,  and  the  quotient  shall  be  the  ratio  of  rcioresentation  in  the 


12  ABSTRACT  OF   STATLTKS 


city  council.  Districts  shall  be  formed  of  contiguous  and  compact 
territory,  and  contain  as  near  as  practicable,  an  equal  number  of 
inhabitants:  And,  provided,  further,  that  where  said  council  or 
legislative  authority  of  such  city  have  not  fixed  a  ratio  of  representa- 
tion and  fonned  the  districts  or  wards,  at  the  time  above  s];ecificd, 
the  same  may  be  done  by  any  subsequent  board  of  alderm.en ;  but  all 
official  acts  heretofore  done,  and  ordinances  heretofore  passed  by  any 
board  of  aldermen  elected  at  large  by  the  legal  electors  of  any  such 
city  on  the  minority  representation  plan,  shall  be  held  and  taken  by  all 
courts  in  this  State  to  be  of  as  mtich  validity  and  binding  force  as  if 
they  had  been  elected  from  wards  or  districts.  After  any  city  shall 
have  ado]3ted  minority  representation  as  provided  in  this  Act,  then 
at  any  subsequent  timic  on  petition  of  the  legal  votes  in  number  to 
one-eighth  the  number  of  legal  votes  cast  at  the  next  preceding  general 
city  election,  the  city  council  shall  cause  the  question  of  minority 
representation  to  be  submitted  to  the  legal  voters  of  said  city,  and  the 
ballot  shall  be  in  form  as  provided  in  this  section :  Provided,  that  no 
such  question  of  representation  shall  be  submitted  more  than  once  in 
every  two  years.  If  a  majority  of  the  votes  cast  at  such  election 
shall  be  "against  minority  representation  in  the  city  council"  the 
aldennen  of  such  city  shall  be  elected  as  otherwise  provided  for  in 
this  Act. 

45.  Aldermen  under  minority  plan.]  §  7.  Every  such  district 
shall  be  entitled  to  three  aldermen,  who  shall  hold  their  office  for 
two  years,  and  until  their  successors  shall  be  elected  and  qualified. 
At  the  first  general  election  for  mayor,  after  the  passage  of  this  Act, 
and  every  two  years  thereafter,  there  shall  be  elected  in  each  ward 
as  many  aldermen  as  such  ward  shall  be  entitled  to:  Provided,  that 
aldermen  elected  under  this  Act,  in  wards  wherein  aldenr.en  were 
elected  for  two  years  at  the  last  previous  annual  election,  shall  not 
take  their  seats  as  such  until  the  tenns  of  the  aldennen  last  aforesaid 
shall  expire.  Vacancies  shall  be  filled  at  an  election  to  he  held  by  the 
voters  of  the  district  in  which  such  vacancies  shall  occur,  at  the  time 
to  be  designated  by  the  city  council.  In  all  elections  for  aldermen 
aforesaid,  each  qualified  voter  may  cast  as  many  votes  as  there  are 
aldermen  to  be  elected  in  his  district,  or  may  distribute  the  same  or 
equal  parts  thereof,  among  the  candidates,  as  he  shall  see  fit,  and  the 
candidate  highest  in  votes  shall  be  declared  elected. 

46.  Aldermen  minority  plan — council  may  classify.]  (Chapter 
24,  Sec.  92.)  §  1.  That  in  all  cities  having  adopted,  or  that  may 
hereafter  adopt,  the  minority  representation  plan  for  the  election  of 
aldermen,  it  shall  be  lawful  for  the  city  council  to  provide  by  ordinance 
that  at  any  ensuing  general  city  election  the  aldenr.en  in  every 
alternate  district  or  ward  shall  be  elected  for  one  year,  and  at  the 
general  city  election  in  the  following  year,  and  ex'cry  two  years 
thereafter,   aMermcn  in  such   alternate  districts  or  wards  shall  be 


ABSTRACT  OF  STATUTES  13 

elected  for  two  years;  and  that  at  such  first  election  and  every  two 
years  thereafter  aldermen  in  the  other  districts  or  wards  shall  be 
elected  for  two  years. 

47.  Aldermen  when  minority  plan  not  adopted.]  §  8.  If  a 
majority  of  the  ^'otes  cast  at  such  election  shall  be  "Against  minority 
representation  in  the  city  council,"  the  preceding  section  shall  be  null 
and  void,  so  far  as  it  relates  to  such  city  at  such  election,  and  the 
aldennen  of  such  city  shall  be  elected  as  otherwise  provided  for  in 
this  Act. 

48.  Result — tie.]  §  11-  The  person  having  the  highest  number 
of  votes,  for  any  office,  shall  be  declared  elected.  In  case  of  a  tie  in 
the  election  of  any  city  or  village  officer,  it  shall  be  determined  by  lot, 
in  presence  of  the  city  council  or  board  of  trustees,  in  such  manner  as 
thc}^  shall  direct,  which  candidate  or  candidates  shall  hold  the  office. 

49.  Notice  to  persons  elected  or  appointed.]  §  12.  It  shall  be 
the  duty  of  the  village  or  city  clerk,  within  five  days  after  the  result 
of  the  election  is  declared  or  appointment  made,  to  notify  all  persons 
elected  or  appointed  to  office  of  their  election  or  appointment,  and 
unless  such  persona  shall  respectively  qualify  in  ten  days  after  such 
notice,  the  office  shall  become  vacant. 

50.  When  no  quorum  in  office — special  election.]  §  13.  If,  for 
any  cause,  there  shall  not  be  a  quorum  in  office  of  the  city  council  or 
board  of  trustees,  the  inayor,  clerk,  or  any  alderman  or  trustee,  as  the 
case  may  be,  may  appoint  the  time  and  place  for  holding  a  special 
election  to  supply  such  vacancy  and  give  notice  and  appoint  the 
judges  thereof. 

51.  Special  elections.]  §  14.  If  there  is  a  failure  to  elect  any 
officer  herein  required  to  be  elected,  or  the  person  elected  should  fail 
to  qualify,  the  city  council  or  board  of  trustees  may  forthwith  order 
a  new  election  therefor;  and  in  all  cases,  when  necessary  for  the  pur- 
poses of  this  Act,  may  call  special  elections,  appoint  judges  and  clerks 
thereof,  canvass  the  returns  thereof,  and  provide  by  ordinance  for  the 
mode  of  conducting  the  same;  and  shall  give  notice  of  such  special 
elections,  in  which  shall  be  stated  the  questions  to  be  voted  upon,  and 
cause  such  notices  to  be  published  or  posted  for  the  same  length  of 
time  and  in  the  same  manner  as  is  required  in  the  case  of  regular 
annual  elections  in  such  cities  or  villages. 

OF  THE  POWERS  OF  THE  CITY  COUNCIL. 

(Chapter  24,  Sec.  62.) 

52.  §  1.  The  city  council  in  cities,  and  president  and  the  board  of 
trustees  in  villages,  shall  have  the  following  powers: 

First — To  control  the  finances  and  property  of  the  corporation. 
Second — To  appropriate  money  for  corporate  purposes  only,  and 
provide  for  payment  of  debts  and  expenses  of  the  corporation. 


14  ABSTRACT  OF  STATUTES 

Third — To  levy  and  collect  taxes  for  j^eneral  and  special  ]jurposcs 
on  real  and  personal  property. 

Fourth  —To  fix  the  amount,  tcnns  and  manner  of  issuing  and 
revoking  licenses. 

Fifth-  -  To  borrow  money  on  the  credit  of  the  corporation  for  cor- 
porate purposes,  and  issue  bonds  therefor,  in  such  amounts  and  form, 
and  on  such  conditions  as  it  shall  prescribe,  but  shall  not  become 
indebted  in  any  manner  or  for  any  purpose  to  an  amount,  including 
existing  indebtedness,  in  the  aggregate  to  exceed  five  (5)  per  centum 
on  the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the 
last  assessment  for  the  State  and  county  taxes  previous  to  the  incur- 
ring of  such  indebtedness ;  and  before  or  at  the  time  of  incurring  any 
indebtedness,  shall  provide  for  the  collection  of  a  direct  annual  tax 
sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to 
pay  and  discharge  the  principal  thereof  within  twenty  years  after 
contracting  the  same. 

Sixth — To  issue  bonds  in  place  of  or  to  supply  means  to  meet 
maturing  bonds,  or  for  the  consolidation  or  funding  of  the  same. 

Seventh — To  lay  out,  to  establish,  open,  alter,  widen,  extend, 
grade,  pave  or  otherwise  improve  streets,  alleys,  avenues,  sidewalks, 
wharves,  parks  and  public  grounds,  and  vacate  the  same. 

Eighth — To  plant  trees  upon  the  same. 

Ninth — To  regulate  the  use  of  the  same. 

Tenth — To  prevent  and  remove  encroachments  or  obstructions 
upon  the  same. 

Eleventh — To  provide  for  the  lighting  of  the  same. 

Twelfth — To  provide  for  the  cleansing  of  the  same. 

Thirteenth — To  regulate  the  openings  therein  for  the  laying  of 
gas  or  water  mains  and  pipes,  and  the  building  and  repairing  of 
sewers,  tunnels  and  drains,  and  erecting  gas  lights:  Provided,  how- 
ever, that  any  company  heretofore  organized  under  the  general  laws 
of  this  State,  or  any  association  of  persons  organized,  or  which  may 
be  hereafter  organized  for  the  purpose  of  manufacturing  illuminating 
gas  to  supply  cities  or  villages,  or  the  inhabitants  thereof,  with  the 
same,  shall  have  the  right,  by  consent  of  the  common  council  (subject 
to  existing  rights),  to  erect  gas  factories,  and  lay  dow^n  pipes  in  the 
streets  or  alleys  of  any  cit\'  or  \-illage  in  this  State,  subject  to  such 
regulations  as  anv  such  citv  or  village  may  bv  ordinance  impose 
(178  111.,  299;  180 'ill.,  235;  186  111.,  326;  127  Fed.  Rep.,  73). 

Fou;v-v.nth — To  regulate  the  use  of  sidewalks  and  all  structures 
t!>:i:;:atuer;  and  to  require  the  owner  or  occupant  of  any  premises 
to  r..       .':  V.  sidewalks  in  front  of,  or  along  the  same,  free  from  snow 
■.tmctions. 


ABSTRACT  OF  STATUTES  I5 


Fifteenth-- To  regulate  and  prevent  the  throwing  or  depositing 
of  ashes,  offal,  dirt,  garbage,  or  any  offensive  matter  in,  and  to  prevent 
mjury  to  any  street,  avenue,  alley  or  public  ground. 

Sixteenth— To  provide  for  and  regulate  crosswalks,  curbs  and 
gutters. 

Seventeenth— To  regulate  and  prevent  the  use  of  streets,  sidewalks 
and  pubhc  grounds  for  signs,   sign  posts,   awnings,   awning  posts 

tiseSt  ^™''^^''  '''''^'''  ^''''^'""  ^""'''^  ''^"'^  ^"^  ^^^^^- 

Eighteenth—To  regulate  and  prohibit  the  exhibition  or  carrvintr 
01  banners,  placards,  advertisements  or  hand  bills  in  the  streets  or 
])ublic  grounds,  or  upon  the  sidewalks. 

Nineteenth— To  regulate  and  prevent  the  flying  of  flags,  banners 
or  signs  across  the  streets  or  from  houses.  LJctiuiers 

Twenty-first-To  regulate  the  speed  of  horses  and  other  animals 

vehicles,  cars  and  locomotives  within  the  limits  of  the  corporation     ' 

Twenty-second— To  regulate  the  numbering  of  houses  and  lots 

Twenty-third-To  name  and  change  the  name  of  anv  street,  avenue. 

alley  or  other  pubhc  place.  "  ' 

Twenty-fourth-To  peniiit,  regulate  or  prohibit  the  locatin- 
constructing  or  laying  a  track  of  any  horse  railroad  in  anv  stree?' 
aney  or  public  place;  but  such  permission  shall  not  be  for  a  onger 
time  than  twenty  years.  ^v^ns^i 

Twenty-fifth— To  provide  for  and  change  the  location,  grade  and 
crossings  of  any  railroad.  '^ 

Twenty-sixth— To  require  railroad  companies  to  fence  their  respec- 
tive railroads,  or  any  portion  of  the  same,  and  to  construct  cattle 
guards,  crossings  o  streets  and  public  roads,  and  keep  th^  same  in 
repair,  withm  the  limits  of  the  corporation.     In  case  anv  rXoad 

lSSFe7ZT^  '"^  '^r^P^^  ^''""^^y  ^-^h  ordmancriLh^'be 
hable  for  all  damages  the  owner  of  any  cattle  or  horses  or  other  do- 
mestic animal  may  sustain  by  reason  of  injuries  thereto  while  on  the 
track  of  such  railroad,  in  like  manner  and  extent  as  under  the  genera! 

e^ove  tcb^'^'"'  ''^"'""  'V^^  '^"^"^^^  °^  ^^^^™-ds;  and  actions  to 
recover  such  damages  may  be  instituted  before  anv  lusticc  of  the 
l^eace  or  other  court  of  competent  jurisdiction 

Twenty-seventh-To  require  railroad  companies  to  keep  flagmen 
at  railroad  crossings  of  streets,  and  provide  protection  against  in  un- 
to persons  and  property  m  the  use  of  such  railroads.  To  compel  suJh 
rai  roads  to  raise  or  lower  their  railroad  tracks  to  confonu  to  any  grade 
which  may,  at  any  time,  be  established  by  .such  citv,  and  where  such 
tracks  run  lengthwise  of  any  such  street    allev  or  highwaT  to  keep 


15  ABSTRACT  OF  STATUTES 


their  railroad  tracks  on  a  level  with  the  street  surface,  and  so  that 
such  tracks  may  be  crossed  at  any  place  on  such  street,  alley  or  high- 
way. To  compel  and  require  railroad  companies  to  make  and  keep 
open  and  to  keep  in  repair  ditches,  drains,  sewers  and  culverts  along 
and  under  their  railroad  tracks  so  that  filthy  or  stagnant  pools  of 
water  can  not  stand  on  their  grounds  or  right  of  way,  and  so  that  the 
natural  drainage  of  adjacent  property  shall  not  be  impeded. 

Twenty-eighth— To  construct  and  keep  in  repair  bridges,  viaducts 
and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty-ninth"To  constrvict  and  keep  in  repair  culverts,  drains, 
sewers  and  cess  pools  and  to  regulate  the  use  thereof. 

Thirtieth— To  deepen,  widen,  dock,  cover,  wall,  alter  or  change 
channel  of  water  co\u-ses. 

Thirty- first—  To  construct  and  keep  in  re])air.  canals  and  sHps  for 
the  accommodation  of  commerce. 

Thirty-second— To  erect  and  keep  in  repair  public  landing  i^laces, 
wharves,  docks  and  levees. 

Thirty-third— To  regulate  and  control  the  use  of  public  and  private 
landing  places,  wharves,  docks  and  levees. 

Thirty-fourth— To  control  and  regulate  the  anchorage,  moorage 
and  landing  of  all  water  craft  and  their  cargoes  within  the  jurisdiction 
of  the  corporation. 

Thirty-fifth — To  license,  regulate  and  prohibit  wharf-boats,  tugs 
and  other  boats  used  about  the  harbor,  or  within  such  jurisdiction. 
Thirty-sixth— To  fix  the  rate  of  wharfage  and  dockage.  ' 

Thirty-seventh— To  collect  wharfage  and  dockage  from  all  boats, 
rafts  or  other  craft  landing  at  or  using  any  public  landmg  place, 
wharf,  dock  or  levee  within  the  limits  of  the  corporation. 

Thirty-eighth— To  make  regulations  in  regard  to  use  of  harbors, 
towing  of  vessels,  opening  and  passing  of  bridges. 

Thirty-ninth— To  appoint  harbor  masters  and  define  their  duties. 
Fortieth— To  provide  for  the  cleansing  and  purification  of  waters, 
water-courses  and  canals,  and  the  draining  or  filling  of  ponds  on 
l^rivate  property,  whenever  necessary  to  prevent  or  abate  nuisances. 
Forty-first— To  license,  tax,  regulate,  suppress  and  prohibit  hawk- 
ers peddlers,  pawn  brokers,  keepers  of  ordinaries,  theatncals  and 
other  exhibitions,  shows  and  amusements,  and  to  revoke  such  hcense 
at  pleasure. 

Forty-second— To  license,  tax  and  regulate  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  and  all  others 
pursuing  Hke  occupations,  and  to  prescribe  their  compensation  (199 
111.,  484;  103  111.,  App.  290). 

Forty-third— To  license,  regulate,  tax  and  restrain  runners  tor 
stages,  cars,  public  houses,  or  other  things  or  persons. 


ABSTRACT  OF  STATUTES  17 

Forty-fourth — To  license,  rc<^iilate,  tax  or  prohil^it  and  suppress 
billiard,  bagatelle,  pigeon-hole  or  any  other  tables  or  implements  kept 
or  used  for  a  similar  purpose  in  any  place  of  public  resort,  pin  alleys 
and  ball  alleys. 

Forty-fifth — To  stippress  bawdy  and  disorderly  houses,  houses  of 
ill-fame  or  assignation,  within  the  limits  of  the  city,  and  within  three 
miles  of  the  outer  botmdaries  of  the  city ;  and  also  to  suppress  gaming 
and  gambling  houses,  lotteries  and  all  fraudulent  devices  and  practices 
for  the  purpose  of  gaining  or  obtaining  money  or  property;  and  to 
prohibit  the  sale  or  exhibition  of  obscene  or  immoral  publications, 
prints,  pictures,  or  illustrations. 

Forty-sixth — To  license,  regulate  and  prohibit  the  selling  or  giving 
away  of  any  intoxicating,  inalt,  vinous,  mixed  or  fermented  liquor, 
the  license  not  to  extend  beyond  the  municipal  year  in  which  it  shall 
be  granted,  and  to  determine  the  amount  to  be  paid  for  such  license : 
Provided,  that  the  city  council  in  cities,  or  president  and  board  of 
trustees  in  villages,  may  grant  permits  to  druggists  for  the  sale  of 
liquors  for  medicinal,  niechanical,  sacramental  and  chemical  purposes 
only,  subject  to  forfeiture,  and  under  such  restrictions  and  regulations 
as  may  be  provided  by  ordinance :  Provided,  further,  that  in  granting 
licenses,  such  corporate  authorities  shall  comply  with  whatever  general 
law  of  the  State  may  be  in  force  relative  to  the  granting  of  licenses.. 

Forty-seventh — The  foregoing  shall  not  be  construed  to  affect  the 
]jro visions  of  the  charter  of  any  literary  institution  heretofore  granted. 

Forty-eighth — And  the  city  council  in  cities,  and  president  -and 
board  of  trustees  in  villages,  shall  also  have  the  power  to  forbid  and 
punish  the  selling  or  giving  away  of  any  intoxicating,  inalt,  vinous, 
mixed  or  fennented  liquor  to  any  minor,  apprentice  or  servant  or 
insane,  idiotic  or  distracted  person,  habitual  drunkard,  or  person 
intoxicated. 

Forty-ninth — To  establish  markets  and  market -houses,  and  provide 
for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide  for 
place  and  manner  of  selling  the  same. 

Fifty-first — To  prevent  and  punish  forestalling  and  regrating. 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or  village; 
prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Fifty-third — To  provide  for  and  regulate  the  inspection  of  meats, 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobacco,  flour, 
meal  and  other  provisions. 

Fifty-fourth — To  regulate  the  inspection,  weighing  and  measuring 
of  brick,  lumber,  fire-wood,  coal,  hay  and  any  article  of  merchandise. 

Fifty-fifth — To  provide  for  the  inspection  and  scaling  of  weights 
and  measures. 


18  ABSTRACT  OF  STATUTES 

Fifty-sixth-  To  enforce  the  keepinjj;  and  use  of  ]jro])er  weiji;hts  and 
measures  by  vendors. 

Fifty-seventh—  To  rejj;ulatc  the  construction,  repairs  and  use  of 
vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 

Fifty-ninth — To  prevent  intoxication,  fighting,  quarreling,  dog 
fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth — To  regulate  partition  fences  and  party  walls. 

Sixty- first — To  prescribe  the  thickness,  strength,  and  manner  of 
constrtxcting  stone,  brick  and  other  buildings,  and  construction  of 
fire  escapes  therein. 

Sixty-second — The  city  council,  and  the  president  and  trustees 
in  villages,  for  the  purpose  of  guarding  against  the  calamities  of  fire, 
shall  have  power  to  prescribe  the  limits  within  which  wooden  build- 
ings shall  not  be  erected  or  placed,  or  repaired,  without  pennission, 
and  to  direct  that  all  and  any  buildings,  within  the  fire  limits,  when 
the  same  shall  have  been  damaged  by  fire,  decay  or  otherwise,  to  the 
extent  of  fifty  per  cent,  of  the  value,  shall  be  torn  down  or  removed, 
and  to  prescribe  the  manner  of  ascertaining  such  dainage. 

Sixty-third — To  prevent  the  dangerous  construction  and  condition 
of  chimneys,  fire  places,  hearths,  stoves,  stove-pipes,  ovens,  boilers 
and  apparatus  used  in  and  about  any  building  and  manufactory,  and 
to  cause  the  same  to  be  removed  or  placed  in  a  safe  condition,  when 
considered  dangerous;  to  regulate  and  prevent  the  carrying  on  of 
manufactories  dangerous  in  causing  and  promoting  fires;  to  prevent 
the  deposit  of  ashes  in  unsafe  places,  and  to  cause  all  such  buildings 
and  enclosures  as  may  be  in  a  dangerous  state  to  be  put  in  a  safe  con- 
dition. 

Sixty-fourth — To  erect  engine  houses,  and  pro^dde  fire  engines, 
hose  carts,  hooks  and  ladders,  and  other  iinplements  for  prevention 
and  extinguishinent  of  fires,  and  provide  for  the  use  and  management 
of  the  same  by  voluntary  fire  companies,  or  otherwise. 

Sixty-fifth. — To  regulate  and  prevent  storage  of  gunpowder,  tar, 
pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro-glycer- 
ine,  petroleum,  or  any  of  the  products  thereof,  and  other  combustible 
or  explosive  material,  and  the  use  of  lights  in  stables,  shops  and  other 
places,  and  the  building  of  bonfires;  also  to  regulate,  restrain  and 
prohibit  the  use  of  fireworks,  fire-crackers,  torpedoes,  Roman  candles, 
sky-rockets  and  other  pyrotechnic  displays. 

Sixty-sixth — To  regulate  the  police  of  the  city  or  village,  and  pass 
and  enforce  all  necessary  police  ordinances. 

Sixty-seventh — To  provide  for  the  inspection  of  steam  boilers. 

Sixty-eighth — To  prescribe  the  duties  and  powers  of  a  superin- 
tendent of  police,  i^olicemen  and  watchmen. 


ABSTRACT  OF  STATUTES  19 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells,  houses 
of  correction  and  workhouses  for  the  reformation  and  confinement  of 
vagrants,  idle  and  disorderly  persons,  and  persons  convicted  of  violat- 
ing any  city  or  village  ordinance,  and  make  rules  and  regulations  for 
the  government  of  the  same,  and  appoint  necessary  keepers  and 
assistants. 

Seventieth — To  use  the  county  jail  for  the  confinement  or  punish- 
ment of  offenders,  subject  to  such  conditions  as  are  imposed  by  law, 
and  with  the  consent  of  the  county  board. 

Seventy-first — To  provide  by  ordinance  in  regard  to  the  relation 
between  all  the  officers  and  employes  of  the  corporation  in  respect  to 
each  other,  the  corporation  and  the  people. 

Seventy-second — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  public  or  private 
place. 

Seventy- third — To  prohibit  and  punish  cruelty  to  animals. 

Seventy-fourth — To  restrain  and  punish  vagrants,  mendicants  and 
prostitutes. 

Seventy-fifth — To  declare  what  shall  be  a  nuisance,  and  to  abate 
the  same;  and  to  impose  fines  upon  parties  who  may  create,  continue 
or  suffer  nuisances  to  exist. 

Seventy-sixth — To  appoint  a  board  of  health,  and  prescribe  its 
powers  and  duties. 

Seventy-seventh — To  erect  and  establish  hospitals  and  medical 
dispensaries,  and  to  regulate  hospitals,  medical  dispensaries,  sana- 
totia  and  undertaking  establishments,  and  to  direct  the  location 
thereof. 

Seventy-eighth — To  do  all  acts,  make  all  regulations  which  may 
be  necessary  or  expedient  for  the  promotion  of  health  or  the  suppres- 
sion of  disease. 

Seventy-ninth — To  establish  and  regulate  cemeteries  within  or 
without  the  corporation,  and  acquire  lands  therefor,  by  purchase  or 
otherwise,  and  cause  cemeteries  to  be  reinoved,  and  prohibit  their 
establishment  within  one  mile  of  the  corporation. 

Eightieth — To  regulate,  restrain  and  prohibit  the  nmning  at  large 
of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to  impose 
a  tax  on  dogs. 

Eighty-first — To  direct  the  location  and  regulate  the  management 
and  construction  of  packing  houses,  renderies,  tallow  chandleries, 
bone  factories,  soap  factories  and  tanneries,  within  the  limits  of  the 
city  or  village,  and  within  the  distance  of  one  mile  without  the  city 
or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery,  boarding  or  sale  stables. 


20  ABSTRAtT  OF  STATUTES 

blacksmith  shops,  foundries,  machine  shops,  garages,  laundries  and 
bathing  beaches,  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome  business 
or  establishment  within  or  within  one  mile  of  the  limits  of  the  cor- 
l)oration. 

Eighty-fourth — To  compel  the  owner  of  any  grocery,  cellar,  soa]:) 
or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or  other 
unwholesome  or  nauseous  house  or  place,  to  cleanse,  abate  or  remove 
the  same,  and  to  regulate  the  location  thereof. 

Eighty- fifth — The  city  council  or  trustees  of  a  village  shall  have 
]:)Ower  to  provide  for  the  taking  of  the  city  or  village  census;  but  no 
city  or  village  census  shall  be  taken  by  authority  of  the  council  or 
trustees  oftener  than  once  in  three  years. 

Eighty-sixth — To  provide  for  the  erection  and  care  of  all  jjublic 
buildings  necessar}^  for  the  use  of  the  city  or  village. 

Eighty-seventh — To  estabhsh  ferries,  toll  bridges  and  license,  and 
regulate  the  same,  and  from  time  to  time  fix  tolls  thereon. 

Eighty-eighth — To  authorize  the  construction  of  mills,  mill-races 
and  feeders  on,  through  or  across  the  streets  of  the  city  or  village,  at 
such  places  and  under  such  restrictions  as  they  shall  deem  proper. 

Eighty-ninth — The  city  council  shall  have  power,  b}^  condemnation 
or  otherwise,  to  extend  any  street,  alley  or  highwa^^  over  or  across, 
or  to  construct  any  sewer  under  or  through  an}*  railroad  track,  right 
of  way,  or  land  of  any  railroad  company  (within  the  corporate  limits) ; 
but  where  no  compensation  is  made  to  such  railroad  company,  the 
city  shall  restore  such  railroad  track,  right  of  way  or  land  to  its  former 
state,  or  in  a  sufficient  manner  not  to  have  impaired  its  usefulness. 

Ninetieth — The  cit}-  council  or  board  of  trustees  shall  have  no 
power  to  grant  the  use  of  or  right  to  lay  down  an}^  railroad  tracks 
in  any  street  of  the  city  to  any  steam,  dtimmy,  electric,  cable,  horse 
or  other  railroad  company,  whether  the  same  shall  be  incorporated 
under  any  general  or  special  law  of  the  State,  now  or  hereafter  in 
force,  except  tipon  the  petition  of  the  owners  of  the  land  represent- 
ing more  than  one-half  of  the  frontage  of  the  street,  or  so  much 
thereof  as  is  sought  to  be  used  for  railroad  purposes,  and  when  the 
street  or  part  thereof  sought  to  be  used  shall  be  more  than  one  mile 
in  extent,  no  petition  of  land  owners  shall  be  valid  unless  the  same 
shall  be  signed  by  the  owners  of  the  land  representing  more  than 
one-half  of  the  frontage  of  each  mile  and  of  the  fraction  of  a  mile  if 
any  in  excess  of  the  whole  miles  measuring  from  the  initial  point 
named  in  such  petition,  of  such  street  or  of  the  part  thereof  sought  to 
be  used  for  railroad  purj^oses. 

Location  of  road — consent — notice — damages.]  §  3.  No  such 
■com])any  shall  have  the  right  to  locate  or  construct  its  road  upon  or 
along  any  street  or  alley,  or  over  any  public  ground  in  an\^  incorpor- 


ABSTRACT  OF  STATUTES  '      21 


ated  cit}',  town  or  village,  without  the  consent  of  the  corporate 
authorities  of  such  city,  town  or  village  nor  upon  or  along  any  road 
or  highway,  or  upon  any  public  ground  without  any  incorporated" 
city,  town  or  village,  except  upon  the  consent  of  the  county  board. 
Such  consent  may  be  granted  for  an}^  period,  not  longer  than  twenty 
years,  on  the  petition  of  the  company,  upon  such  terms  and  condi- 
tions, not  inconsistent  with  the  provisions  of  this  Act,  as  such  corpor- 
ate authorities  or  county  board,  as  the  case  may  be,  shall  deem  for  the 
best  interests  of  the  public:  Provided,  no  such  consent  shall  be 
granted  unless  at  least  ten  days'  public  notice  of  the  time  and  place 
of  presenting  such  petition  shall  have  first  been  given  by  publication 
in  some  newspaper  published  in  the  city  or  county  where  such  road 
is  to  be  constructed,  and  except  upon  the  condition  that  the  company 
wnll  pay  all  damages  to  owners  of  property  abutting  upon  the  street, 
alley,  road,  highway,  or  public  ground  upon  or  over  which  such  road 
is  to  be  constructed,  which  they  may  sustain  by  reason  of  the  location 
or  construction  of  the  road;  the  same  to  be  ascertained  and  paid  in  the 
manner  provided  by  law  for  the -exercise  of  the  right  of  eminent  do- 
main. 

Control  of  streets  reserved — police  power.]  ^  4.  Every  grant  to 
any  such  company  of  a  right  to  use  any  street,  alley,  road,  highway  or 
public  ground  shall  be  subject  to  the  right  of  the  proper  authorities 
to  control  the  use,  improvement  and  repair  of  such  street,  alley,  road, 
highway  or  public  grotmd,  to  the  same  extent  as  if  no  such  grant  had 
been  made,  and  to  make  all  necessary  police  regulations  concerning- 
the  management  and  operation  of  such  railroad,  whether  such  right 
is  reserved  in  the  grant  or  not. 

Ninety-first — To  tax,  license  and  regulate  auctioneers,  distillers, 
brewers,  Itunber  yards,  livery  stables,  ])ublic  scales,  money  changers 
and  brokers. 

Ninety-second — To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  fl}'ing  of  kites,  or  any  other  amusement  or  practice 
having  a  tendency  to  annoy  persons  passing  in  the  streets  or  on  the 
sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third — To  regulate  and  prohibit  the  keeping  of  any  lumber 
yard  or  coal  yard  and  the  placing  or  jjiling  or  selling  any  lumber,  tim- 
ber, wood  or  other  combustible  material  within  the  fire  limits  of  the 
city. 

Ninety-fourth — To  jjrovide  by  ordinance  that  all  the  paper,  print- 
ing, stationery,  blanks,  fuel,  and  all  the  supplies  needed  for  the  use 
of  the  city,  shall  be  furnished  by  contract  let  to  the  lowest  bidder. 

Ninety-fifth — To  tax,  license  and  regulate  second  hand  and  junk 
stores  and  yards,  and  to  forbid  their  purchasing  or  receiving  from 
minors,  without  the  written  consent  of  their  parents  or  guardians, 
anv  article  whatsoever,  and  to  direct  the  location  thereof. 


22  AHSTRACT  OF  STATUTES 

Ninety-sixth  To  (.lirccl,  license  and  control  all  wagons  and  other 
vehicles  conveyinj^  loads  within  the  city,  or  any  particular  class  of 
such  wagons,  and  other  \-ehiclcs,  and  prescribe  the  width  and  tire  of 
the  same,  the  license  fee  when  collected  to  be  kept  as  a  separate  fund 
and  used  only  for  paying  the  cost  and  expense  of  street  and  alley 
improvement  or  repair. 

Ninety-seventh — To  acquire  in  the  manner  now  or  hereafter  pro- 
\-ided  by  law  for  the  taking  of  private  property  for  public  use,  private 
lands  l)ordering  upon  public  or  navigable  waters,  useful,  desirable  or 
adN^antagcous  for  bathing  beaches  and  recreation  piers. 

Ninety-eighth — To  pass  all  ordinances,  rules,  and  make  all  regula- 
tions, proper  or  necessary,  to  carry  into  effect  the  powers  granted  to 
cities  or  villages,  with  such  fines  or  penalties  as  the  city  council  or 
board  of  trustees  shall  deem  proper:  Provided,  no  fine  or  penalty 
shall  exceed  $200.00,  and  no  imprisonment  shall  exceed  six  months  for 
one  offense   (78  111.,  405-548;  79  III..  500). 

53.  To  license — itinerant  merchants,  etc.]  (Chapter  24,  Sec. 
62  a.)  §  1 .  That  the  city  council  in  cities,  and  the  president  and  board 
of  trustees  in  villages  and  incorporated  towns,  shall  have  poAver  to 
license,  tax,  regulate,  suppress  or  ])rohibit  itinerant  merchants  and 
transient  vendors  of  merchandise. 

54.  Style  of  ordinances.]  §  2.  The  style  of  the  ordinances  in 
cities  shall  be:   "Be  it  ordained  by  the  Cit}^  Council  of      " 

55.  Publication  of  ordinances-  when  take  effect.]  §  3.  All  or- 
dinances of  cities  and  \-illages  imposing  any  fine,  penalty,  imprison- 
ment, or  forfeiture,  or  making  any  appropriation,  shall,  within  one 
month  after  they  are  passed,  be  published  at  least  once  in  a  newspaper 
published  in  the  city  or  village,  or,  if  no  such  newspaper  is  published 
therein,  by  posting  copies  of  the  same  in  three  public  places  in  the  city 
or  village ;  and  no  such  ordinance  shall  take  effect  until  ten  days  after 
it  is  so  published.  And  all  other  ordinances,  orders  and  resolutions 
shall  take  effect  from  and  after  their  passage,  unless  otherwise  provi- 
ded therein. 

56.  Proof  of  ordinances.]  §  4.  All  ordinances,  and  the  date  of 
]jubli cation  thereof,  may  be  proven  by  the  certificate  of  the  clerk, 
under  the  seal  of  the  corporation.  And  when  printed  in  book  or 
pamphlet  form,  and  purporting  to  be  pubHshed  by  authority  of  the 
board  of  trustees  or  city  council,  the  same  need  not  be  otherwise 
published;  and  such  book  or  pamphlet  shall  be  received  as  evidence 
of  the  ]jassage  and  legal  publication  of  such  ordinances,  as  of  the  dates 
mentioned  in  such  book  or  ]:iam]3hlet,  in  all  courts  and  ]3laccs  without 
further  j^roof. 

57.  Suits  for  violating  ordinances.]  §  5.  All  actions  brought  to 
recover  any  fine,  or  to  enforce  any  penalty,  under  any  ordinance  of  any 
city  or  village  in  this  state,  shall  be  brought  in  the  corporate  name  of 


ABSTRACT  OF  STATUTES  23 


the  city  or  village  as  plaintiff;  and  no  prosecution,  recovery  or  acquit- 
tal, for  the  violation  of  any  such  ordinance,  shall  constitute  a  defense 
to  any  other  prosecution  of  the  same  party  for  any  other  violation  of 
any  such  ordinance,  although  the  different  causes  of  action  existed  at 
the  same  time,  and,  if  united,  would  not  have  exceeded  the  jurisdic- 
tion of  the  court  or  magistrate. 

58.  Fines  and  licenses — paid  to  treasurer.]  §  6.  All  fines  and 
forfeitures  for  the  violation  of  ordinances,  when  collected,  and  all 
moneys  collected  for  licenses  or  otherwise,  shall  be  paid  into  the 
treasury  of  the  corporation,  at  such  times  and  in  such  manner  as  may 
be  prescribed  by  ordinance. 

59.  Arrest — imprisonment — workhouse.]  §  7.  That  in  all  ac- 
tions for  the  violation  of  any  ordinance  of  any  city  or  village  organized 
under  any  general  or  special  law  of  this  State,  the  first  process  shall 
be  a  summons:  Provided,  hoivever,  that  a  warrant  for  the  arrest 
of  the  offender  may  issue  in  the  first  instance,  upon  the  affidavit  of 
any  person  that  any  such  ordinance  has  been  violated,  and  that  the 
person  making  the  complaint  has  reasonable  grounds  to  believe  the 
party  charged  is  guilty  thereof;  and  any  person  arrested  upon  such 
warrant,  shall,  without  unnecessary  delay,  be  taken  before  the  proper 
officer,  to  be  tried  for  the  alleged  offense.  Any  person  upon  whom 
any  fine  or  penalty  shall  be  imposed  may  upon  the  order  of  the  court 
or  magistrate  before  whom  the  conviction  is  had,  be  committed  to. the 
county  jail  or  the  calaboose,  city  prison,  work  house,  house  of  correc- 
tion, or  other  place  provided  by  such  cities  or  villages  by  ordinance 
for  the  incarceration  of  such  offenders  until  such  fine,  penalty  and 
cost  shall  be  fully  paid:  Provided,  that  no  such  imprisonment  shall 
exceed  six  months  for  any  one  offense.  The  city  council  or  board  of 
trustees  of  any  such  cities  or  villages  shall  have  power  to  provide  by 
ordinance  that  every  person  so  committed  shall  be  required  to  work 
at  such  labor  as  his  or  her  strength  will  permit,  within  and  without 
such  prison,  work  house,  house  of  correction,  or  other  place  provided 
for  the  incarceration  of  such  offenders,  not  to  exceed  ten  hours  each 
working  day ;  and  for  such  work  the  person  so  employed,  or  worked, 
shall  be  allowed,  exclusive  of  his  or  her  board,  the  sum  of  fifty  cents 
for  each  day's  work  on  account  of  such  fine  and  costs.  (Also  vSee 
Chapter  24,"  Sec.  299). 

60.  Jurisdiction  of  Justices,  etc.]  §  8.  Any  and  all  justices  of 
the  peace  and  police  magistrates  shall  have  jurisdiction  in  all  cases 
arising  under  the  provisions  of  this  Act,  or  any  ordinance  passed  in 
pursuance  thereof. 

61.  Constable  or  sheriff  may  serve  process,  etc.]  §  9.  Any 
constable  or  sheriff  of  the  county  may  serve  process,  or  make  any 
arrest  authorized  to  be  made  by  any  city  officer. 

62.  Jurisdiction  over  waters — street  labor.]  §  10.  The  city  or 
village  government  shall  have  jurisdiction  upon  all  waters  within  or 


24  ABSTRACT  OF  STATUTES 

bordering  upon  the  same  to  the  extent  of  three  miles  beyond  the  Hmits 
of  the  city  or  village,  but  not  to  exceed  the  limits  of  the  State;  and 
may,  by  ordinance,  require  every  able-bodied  male  inhabitant  of 
such  cit>'  or  village,  above  the  age  of  twenty-one  years  and  under  the 
age  of  fifty  years  (excepting  paupers,  idiots,  lunatics  and  such  others 
as  are  exempt  b\'  law),  to  labor  on  the  streets  and  alleys  of  such  city 
or  village,  not  more  than  two  (2)  days  in  each  year,  but  such  ordinance 
shall  provide  for  commutation  of  such  labor  at  seventv-five  cents  per 
day.     (See  Sec.  289,  Chapter  24  Kurd's  Statutes,  1909.) 

ADDITIONAL  POWERS. 

63.  Bill  boards — licensing.]  (Chapter  24,  Sec.  696.)  That  the 
city  council  in  cities  and  the  president  and  board  of  trustees  in  villages 
and  incori^orated  towns  shall  have  the  power  to  license  street  adver- 
tising by  means  of  bill  boards,  sign  boards  and  signs,  and  to  regulate 
the  character  and  control  the  location  of  such  bill  boards,  sign  boards 
and  signs  upon  vacant  property  and  upon  buildings. 

64.  Sales  of  Merchandise  by  Weight.]  (Chapter  147,  Sec.  16.) 
That  the  city  council  in  cities,  and  the  president  and  board  of  trustees 
in  villages  and  incorporated  towns,  shall  have  power  to  require  all 
grain,  flour,  meal,  hay,  feed,  seeds,  fruit,  nuts,  vegetables  and  non- 
liquid  vegetable  products,  meats  and  non-liquid  animal  products,  fish, 
butter,  cheese  and  other  similar  dairy  products,  dry  groceries  and  all 
other  similar  articles  of  merchandise,  or  any  particular  class  or  classes 
of  such  merchandise,  in  the  absence  of  a  contract  or  agreement  in 
writing  to  the  contrary,  to  be  sold  by  standard  avoirdupois  weight  or 
by  numerical  count. 

65.  Jurisdiction  to  enforce  ordinances  on  boats.]  (Chapter  24, 
Sec.  244.)  §  1.  That  cities  and  towns  on  an\-  ri\-cr  within  or  on  the 
borders  of  this  State  shall  have  the  right  to  extend  and  enforce  their 
ordinances  so  as  to  include  any  boat  or  other  floating  structure,  which 
shall  be  kept  within  two  miles  of  the  city  or  town  limits,  as  a  place  for 
drinking  spirituous  liquors,  or  for  gaming,  or  for  the  purposes  of 
prostitution:  Provided,  no  authority  shall  be  given  by  this  law, 
laeyond  what  the  law  now  authorizes,  to  interfere  with  any  steamer 
or  other  boat,  the  usual  business  of  which  is  the  carrying  of  freight 
or  passengers. 

66.  Licensing  of  houses  ot  ill-fame  prohibited.]  (Chapter  24, 
Sec.  245.)  §  1.  That  it  shall  be  unlawful  for  the  corporate  authori- 
ties of  any  city,  town  or  village  in  this  State  to  grant  a  license  to  any 
person,  male  or  female,  to  keep  what  is  known  as  a  house  of  ill-fame 
or  house  of  prostitution.  And  it  shall  be  unla\^'ful  for  any  board  of 
health  (or  any  members  or  employe  of  the  same),  now  existing,  or 
which  may  hereafter  exist  under  the  laws  of  this  State,  to  interfere  in 
the  management  of  any  house  of  ill-fame  or  house  of  prostitution,  or 


ABSTRACT  OF  STATUTES  25 


to  provide  in  any  nianner  for  the  medical  inspection  or  examination 
of  any  inmate  of  the  same. 

67.  Police  district.]  (Chapter  24,  Sec.  251.)  §1.  That  the 
territory  which  is  embraced  within  the  limits  of  adjoining  cities, 
villages  and  incorporated  towns,  within  any  ccxmty  in  this  State  shall 
be  a  police  district. 

68.  Police  may  go  into  such  district  to  suppress  riotj  etc. — duty 
of  mayor.]  §  2.  It  shall  be  lawful  for  the  police  of  any  city,  village 
or  incorporated  town  in  such  district  to  go  into  any  part  of  such  dis- 
trict to  suppress  riot,  to  preserve  the  peace  and  protect  the  lives, 
rights  and  property  of  citizens,  and  for  such  purposes  it  shall  be  the 
duty  of  the  mayor  of  any  city,  the  president,  or  the  president  and 
board  of  trustees  of  any  village  or  incorporated  town  in  such  district, 
and  the  chiefs  of  police  therein,  to  use  the  police  forces  under  their 
control  anywhere  in  such  district. 

69.  May  contract  for  sewerage,  etc.]  (Chapter  24,  Sec.  323.) 
§  1.  That  whenever  any  city,  or  incorporated  town  or  village,  shall 
be  adjacent  or  contiguous  to  any  other  city  or  incorporated  town  or 
village,  they  shall  be  authorized  to  contract  with  each  other  upon  such 
tenns  as  may  be  agreed  upon  between  them,  to  allow  and  permit  the 
one  the  use  and  benefit  of  any  sewer  or  drain,  or  of  any  system  of 
sewerage  or  drainage  heretofore  constructed,  or  which  may  be  here- 
after constructed  by  the  other;  and  further,  that  any  such  sewer  or 
drain  or  system  of  sewerage  or  drainage  constructed  or  which  may 
hereafter  be  constructed  by  the  one,  may  be  extended  or  furnished  to 
the  inhabitants  of  the  other,  and  they  may  by  contract  with  each 
other  provide  for  the  joint  construction  of  any  sewer  or  drain  by  the 
municipalities  so  contracting,  and  for  the  common  use  thereof  by 
the  inhabitants  of  such  municipalities. 

70.  How  contract  made.]  §  2.  The  contract  contemplated  in 
section  one  of  this  Act  may  be  made  by  ordinance  or  resolution  diily 
enacted  or  passed  by  the  common  council,  board  of  trustees,  or  other' 
proper  legislative  authority  of  the  city,  incorporated  town  or  ^'illage 
proposing  such  contract,  and  ratified  or  assented  to  by  ordinance  or 
resolution  duly  enacted  or  passed  by  the  common  council,  board  of 
trustees,  or  other  proper  legislative  authority  of  the  city  or  incorpora- 
ted town  or  village  confirming  or  agreeing  to  such  contract,  and  every 
such  contract,  when  ratified  or  confinned  b}^  the  proper  corporate 
authorities  of  the  municipal  corporations  who  arc  parties  thereto, 
shall  be  in  all  res]3ects  valid  and  binding. 

71.  Public  improvements  exceeding  $500.00  in  value,  how  let.] 
(Chapter  24,  Sec.  116  a.)  Any  work  or  other  public  improvement, 
except  any  work  or  public  improvement  to  be  paid  for  in  whole  or  in 
part  by  a  special  assessment  shall,  when  the  expense  thereof  shall 
exceed  $500,  either  be  constructed  by  contract  let  to  the  lowest  re- 
sponsible bidder  in  the  manner  orescribed  hv  ordinance:     Provided, 


26  ABSTRACT  OF  STATUTES 

however,  any  such  contract  may  be  entered  into  by  the  proper  officers 
without  advertising  for  bids,  by  a  vote  of  two-thirds  of  all  the  alder- 
men or  trustees  elected;  or  such  work  or  other  pubHc  improvement 
shall  be  constructed  in  the  following  manner,  by  a  vote  of  two-thirds 
of  all  the  aldermen  or  trustees  elected ;    to-wit : 

The  commissioner  of  public  works,  or  other  proper  officers  to  be 
designated  by  ordinance,  shall  superintend  and  cause  to  be  carried 
out  the  construction  of  such  work  or  other  public  improvement,  and 
shall  employ  for  the  performance  of  all  manual  labor  thereon,  ex- 
clusively, laborers  and  artisans  whom  the  city  or  village  shall  pay  by 
the  day  or  hour,  and  all  material  of  the  value  of  S500  and  upwards 
used  in  the  construction  of  such  work  or  other  public  improvement, 
shall  be  purchased  by  contract  let  to  the  lowest  responsible  bidder  in 
the  manner  to  be  prescribed  b}'  ordinance. 

In  every  city  which  has  adopted  an  Act  entitled,  "An  Act  to  regu- 
late the  civil  service  of  cities,"  approved  and  in  force  March  20,  1895, 
every  such  laborer  and  artisan  shall  be  certified  by  the  civil  service 
commission  to  the  commissioner  of  public  works  or  other  proper  offi- 
cer, in  accordance  with  the  requirements  of  said  Act  entitled,  "An 
Act  to  regulate  the  civil  service  of  cities."     (Laws  1911,  page  185.) 

72.  Houses  of  Correction — Cities  may  establish.]  (Chapter  67, 
Sec.  1.)  §  1.  That  it  shall  be  lawful  for  the  municipal  authorities 
of  any  city  within  this  State  to  establish  a  house  of  correction,  which 
shall  be  used  for  the  confinement  and  punishment  of  criminals,  or 
persons  sentenced  or  committed  thereto  under  the  provisions  of  this 
Act,  or  any  law  of  this  State,  or  ordinance  of  any  city  or  village, 
authorizing  the  confinement  of  convicted  persons,  in  any  such  house 
of  correction. 

73.  Houses  of  Correction  outside  Corporation.]  (Chapter  24, 
Sec.  506.)  That  it  shall  be  lawful  for  the  municipal  authorities  of  any- 
city  within  this  State,  to  purchase,  own  and  control  not  to  exceed 
forty  acres  of  land  within  the  incorporate  limits  of  such  city  or  outside 
and  within  three  miles  of  the  corporate  limits  of  any  such  city,  for  the 
purpose  of  establishing  thereon  a  house  of  correction  an-l  other 
buildings  or  appurtenances  thereto  which  shall  be  used  for  the  con- 
finement and  punishment  of  criminals  or  persons  sentenced  or  com- 
mitted thereto  under  the  provisions  of  this  Act,  or  any  law  of  this 
State,  or  ordinance  of  any  city  or  village  authorizing  the  confinement 
of  convicted  persons  in  any  such  house  of  correction. 

And  when  such  land  is  purchased  and  house  of  correction  establish- 
ed by  any  such  city  outside  of  the  corporate  limits  thereof,  such  city 
and  the  municipal  authorities  thereof  shall  have  full  and  complete 
police  power  over  such  lands  and  territory  surrounding  the  same  as  is 
now  conferred  b\-  law  upon  incorporated  cities,  towns  and  villages 
mthin  this  State  over  territory  lying  within  the  corporate  limits 
thereof. 


ABSTRACT  OF  STATUTES  27 


74.  Farmer  may  sell  without  license.]  (Chapter  5,  Sec.  23.) 
§  1.  That  e\'cry  fanner,  fruit  and  vine  grower,  and  gardener,  shall 
have  an  undisputed  right  to  sell  the  produce  of  his  farm,  orchard, 
vineyard  and  garden  in  any  place  or  market  where  such  articles  are 
usually  sold,  and  in  any  quantity  he  may  think  proper,  without  paying 
any  vState,  county  or  city  tax,  or  license,  for  doing  so,  any  law,  city  or 
town  ordinance  to  the  contrary  notwithstanding:  Provided,  that  the 
corporate  authorities  of  any  such  city,  town  or  village  may  prohibit 
the  obstruction  of  its  streets,  alleys  and  public  places  for  any  such 
purposes:  And,  provided  further,  that  nothing  in  this  Act  shall  be  so 
construed  as  to  authorize  the  sale  of  spirituous,  vinous  or  malt  liquors, 
contrar}'  to  laws  which  now  are  or  hereafter  may  be  in  force  prohibi- 
ting the  sale  thereof. 

75.  Soldier  may  peddle  without  license.]  (Chapter  24,  Sec.  65.) 
§  1.  That  on  and  after  the  passage  of  this  Act  all  ex-Union  soldiers 
and  sailors,  honorably  discharged  from  the  military  or  marine  service 
of  the  United  States,  shall  be  permitted  to  vend,  hawk  and  peddle 
goods,  wares,  fruits  or  merchandise  not  prohibited  by  law,  in  any 
count3^  town,  village,  incorporated  city  or  municipality  within  this 
State  without  a  license :  Provided,  said  soldier  or  sailor  is  engaged  in 
the  vending,  hawking  and  peddling  of  said  goods,  wares,  fruits  or 
merchandise  for  himself  only. 

76.  Clerk  to  issue  license  free.]  §  2.  Upon  the  presentation  of 
his  certificate  of  discharge  to  the  clerk  of  any  county,  town,  \'illage, 
incorporated  city  or  municipality  in  this  State,  and  showing  proofs 
of  his  identity  as  the  person  named  in  his  certificate  of  honorable 
discharge,  the  clerk  shall  issue  to  said  ex-Union  soldier  or  sailor  a 
license,  but  such  license  shall  be  free,  and  said  clerk  shall  not  collect 
or  demand  for  the  county,  town,  village,  incorporated  city  or  munici- 
pality any  fee  therefor.  Any  clerk  of  any  county,  town,  village,  in- 
corporated city  or  municipality  in  this  State  who  shall  violate  any  of 
the  foregoing  provisions  of  this  Act,  by  failing  or  refusing  to  comply 
with  such  pro\4sions,  as  herein  directed,  shall  be  fined  in  a  sum  not 
less  than  ten  dollars  ($10)  nor  more  than  fifty  dollars  ($50),  to  which 
may  be  added  imi)risonmcnt  in  the  county  jail  not  exceeding  ten  (10) 
days. 

77.  Licensing    and    regulating    person    in    charge    of    elevator.] 

(Chapter  24,  sec.  653.)  §  1.  That  the  city  council  in  cities  and  the 
board  of  trustees  in  towns  and  villages,  shall  have  the  power  to  adopt 
ordinances  within  their  respective  limits  to  provide  for  the  examining, 
licensing,  and  regulation  of  persons  having  charge  or  control  as  start- 
ers or  operators  of  all  freight  and  passenger  elevators  run  by  hydrau- 
lic, electric,  steam,  water  balance,  compressed  air  or  any  other 
motive  power,  and  to  fix  the  amount  of  charges,  terms  and  manner  of 
issuing  and  revoking  licenses  to  such  persons;  and  to  provide  that  it 
shall  not  be  lawful  for  any  person  or  persons  to  exercise,  within  the 


?S  ABSTRACT  OF  STATUTES 

limits  of  llic  rcsi:cclivc  cities,  towns  and  villaj^es  which  n-.ay  adopt 
such  ordinance,  the  business  of  o].eratinj^  freight  or  passenger  eleva- 
tors, or  the  business  of  controlling  the  running  of  such  elevators  as 
starters  or  o|Jcrators,  without  a  license;  and  to  provide  that  any  per- 
son violating  the  provisions  of  such  ordinance  shall  be  liable  to  a  pen- 
alty for  each  l)reach  thereof. 

78.  Examination — qualifications — license.]  §  2.  Such  cities, 
towns  and  \ilUiges  so  adopting  such  ordinances  shall  have  power  to 
require  that  all  persons  engaged  in  such  occupation  within  their 
jurisdiction  shall  Idc  of  a  certain  age  and  shall  submit  to  an  examina- 
tion by  a  competent  exaUiiner,  who  shall  be  a  practical  and  ex]:crien- 
ced  elevator  starter  or  operator,  or  board  of  such  examiners  to  be 
appointed  by  the  mayor  or  president  of  the  board  of  trustees  of  such 
cities,  towns  and  villages  touching  their  competency  and  qualifica- 
tions in  regard  to  such  occupation,  with  power  to  such  examiner  or 
board  of  examiners  to  license  such  persons  as  may  be  found  caf  able 
and  trustworthy  in  that  behalf. 

79.  Persons  in  charge  of  steam  boilers — license.]  (Chapter  24, 
Sec.  439.)  §  1.  That  the  city  council  in  cities  and  the  president  and 
board  of  trustees  in  towns  and  villages  shall  have  power  to  adopt 
ordinances  within  their  respective  limits,  to  provide  for  the  exam.ina- 
tion,  licensing  and  regulation  of  persons  having  charge  of  steam 
boilers  under  steam  pressure,  exhausting  through  an  engine,  to  fix  the 
amount,  form  and  manner  of  issuing  and  revoking  licenses  to  such 
persons;  to  ]:;rovide  that  it  shall  not  be  lawful  for  any  person  to  exer- 
cise within  the  limits  of  the  respective  cities,  towns  and  villages  which 
may  adopt  such  ordinances,  the  business  of  operating  steam  boilers, 
under  steam  pressure,  exhausting  through  an  engine,  without  a 
license;  and  to  provide  that  any  person  violating  the  provisions  of 
such  ordinances  shall  be  liable  to  a  penalty  for  each  breach  thereof. 

80.  Board  to  examine,  etc.]  ^2.  To  require  that  all  persons 
engaged  in  such  occupation  within  the  jurisdiction  of  such  town, 
cities  and  villages,  so  adopting  such  ordinances,  shall  submit  to  an 
examination  by  a  competent  board  of  examiners  to  be  appointed  b}' 
such  councils  and  boards  of  trustees,  touching  their  competency  and 
qualifications  in  regard  to  such  vocations,  with  power  to  such  board 
of  examiners  to  license  such  persons  as  may  be  found  capable  and 
trustworthy  in  that  behalf. 

81.  Regulate  speed  of  trains  through  cities.]  (Chapter  114,  See. 
87.)  §  24.  Whenever  any  railorad  corporation  shall  by  itself  or 
agents,  run  any  railroad  train,  locomotive  engine,  or  car,  at  a  greater 
rate  of  speed  in  or  through  the  incorporated  limits  of  any  city,  town 
or  village,  than  is  permitted  by  any  ordinance  of  such  city,  town  or 
village,  such  corporation  shall  be  liable  to  the  person  aggrieved  for 
all  damages  done  the  person  or  i:roperty  by  such  train,  locom.otive 
engine  or  car;  and  the  same  shall  be  presumed  to  have  been  done  by 


ABSTRACT  OF  STATUTES  29 

the  negligence  of  said  corporation  or  their  agents;  and  in  addition  to 
such  penalties  as  may  be  provided  by  such  city,  town  or  village,  the 
person  aggrieved  by  the  violation  of  any  of  the  provisions  of  this 
section,  shall  have  an  action  against  such  corporation,  so  violating 
any  of  the  provisions,  to  recover  a  penalty  of  not  less  than  one  hun- 
dred dollars  ($100),  nor  more  than  two  hundred  do'lars  ($200),  to  be 
recovered  in  any  court  of  competent  jurisdiction;  said  action  to  be  an 
action  of  debt,  in  the  name  of  the  People  of  the  State  of  Illinois,  for 
the  use  of  the  person  aggrieved;  but  the. court  or  jury  trying  the  case 
may  reduce  said  penalty  to  any  sum,  not  less,  however,  than  fifty 
dollars  ($50),  where  the  offense  committed  by  such  violation  may 
appear  not  to  be  malicious  or  willful:  Provided,  that  no  such  ordi- 
nance shall  limit  the  rate  of  speed,  in  case  of  passenger  trains,  to  less 
than  ten  miles  per  hour,  nor  in  any  other  case  to  less  than  six  miles 
]3cr  hour. 

82.  Require  flagman — shelter.]  (Chapter  114,  Sec.  99.)  §  35. 
In  all  cases  where  the  public  authorities  having  charge  of  any  street 
over  which  there  shall  be  a  railroad  crossing,  shall  notify  any  agent 
of  the  corporation  ov/ning,  using  or  operating  such  railroad,  that  a 
flagman  is  necessary,  at  such  crossing,  it  shall  be  the  duty  of  such 
railroad  company,  within  sixty  days  thereafter,  to  place  and  retain 
a  flagman  at  such  crossing,  who  shall  perform  the  duties  usually 
required  of  flagmen;  and  such  flagman  is  hereby  empowered  to  stop 
any  and  all  persons  from  crossing  a  railroad  track  when,  in  his  opin- 
ion, there  is  danger  from  approaching  trains  or  locomotive  engines; 
and  any  railroad  company  refusing  or  neglecting  to  place  flagmen,  as 
required  by  this  section,  shall  be  liable  to  a  fine  of  $100  per  day  for 
ever}'  day  they  shall  neglect  or  refuse  to  do  so;  and  it  is  hereby  made 
the  duty  of  such  public  authorities  having  charge  of  such  street,  to 
enforce  the  payment  of  such  fine,  by  suit,  in  the  name  of  the  town 
or  municipal  corporation  wherein  such  crossing  shall  be  situate,  before 
any  court  of  competent  j  urisdiction  in  the  county,  and  the  prosecut- 
ing attorney  shall  attend  to  the  prosecution  of  all  suits  as  directed 
by  said  public  authorities.  All  the  moneys  collected  under  the  pro- 
visions of  this  Act  shall  be  paid  into  the  treasury  of  the  town  or  muni- 
cipal corporation  in  whose  name  such  suits  shall  have  been  brought: 
Provided,  that  when  any  railroad  company  is  required  to  keep  a 
flagman  at  a  crossing,  it  shall  have  the  right  to  erect  and  maintain 
in  the  highway  or  street  crossing  a  suitable  house  for  the  shelter  of 
such  flagman,  the  same  to  be  so  located  as  to  create  the  least  obstruc- 
tion to  the  use  of  such  street  or  highway,  and  afford  the  best  view  of 
the  railroad  track  in  each  direction  from  such  crossing. 

83.  Penalties.]  §  36.  If  any  railroad  corporation,  or  any  of 
its  agents,  servants  or  employes,  shall  violate  any  of  the  provisions 
of  this  Act,  such  corporation,  agent,  servant  or  employe  shall,  sever- 
ally, unless  otherwise  herein   provided,  be  liable  to  a  fine  of  not  less 


30  ABSTRACT  OF  STATUTES 

than  $10  nor  more  than  $200,  to  be  recovered  in  an  action  of  debt, 
in  the  name  of  the  People  of  the  State  of  Illinois,  for  the  use  of  an\- 
person  aggrieved,  before  any  court  of  competent  jurisdiction. 

84.  Consent  to  lay  pipes  or  string  wires.]  (Chapter  24,  Sec.  491.) 
§  1 .  I'hat  the  city  council  in  cities,  or  the  president  and  board  of  trus- 
tees in  villages  and  incorporated  towns  shall  have  no  power  to  pass 
an  ordinance  granting  to  any  person  or  corporation  the  right  or 
privilege  to  lay  any  gas  j^ipes  for  the  distribution  of  inflammable  ga.s 
for  fuel  or  lighting  purposes,  or  to  pass  an  ordinance  granting  to  an\- 
person  or  corporation  the  right  or  privilege  to  lay  in  or  on  the  ground, 
or  string  on  poles  any  wires  on,  over  or  by  which  electricity  for 
lighting  purposes  is  to  be  used,  conveyed  or  distributed  in  any  street, 
alley  or  public  grounds  in  any  such  city,  village  or  incorporated 
town,  except  upon  the  petition  of  the  owner  of  the  land  representing 
more  than  one-half  of  the  frontage  on  the  street  or  alley,  or  so  much 
thereof  as  is  sought  to  be  used  for  the  purposes  above  mentioned, 
or  any  or  either  of  them,  and  when  the  street  or  alley,  or  part  thereof 
sought  to  be  used  shall  be  more  than  one  mile  in  length,  no  right  or 
privilege  to  lay  pipes,  or  lay  or  string  wires  for  lighting  purposes  shall 
be  granted,  unless  a  petition  therefor  shall  be  presented  to  the  city 
coimcil  of  the  city,  or  board  of  trustees  of  the  incorporated  town  or 
village  in  which  such  right  or  privilege  is  sought,  signed  by  the  owners 
of  the  land  representing  more  than  one-half  of  the  frontage  of  each 
mile,  and  of  the  fraction  of  a  mile,  if  any,  in  excess  of  the  whole  mile, 
measuring  from  the  initial  point  named  in  such  petition,  of  such 
street  or  alley,  or  of  the  part  thereof  sought  to  be  used  for  the  purpose 
above  mentioned,  or  either  of  them.  Any  person  being  the  owner 
of,  or  interested  in  any  lot  fronting  on  any  street  or  alley,  or  part 
thereof,  as  is  sought  to  be  used  for  any  or  either  of  such  purposes, 
shall  have  the  right  by  bill  in  chancery,  in  his  or  their  name  own,  to 
enjoin  any  person  or  corporation  from  vising  such  street  or  alley,  or 
part  of  street  or  alley  for  either  of  such  purposes,  under  any  grant 
by  the  city  council  or  board  of  trustees,  which  is  not  made  in  con- 
formity with  the  provisions  hereof,  and  the  sufficiency  of  the  petition 
herein  required,  shall  be  ascertained  by  the  court  in  w^hich  such  bill 
in  chancery  may  be  filed. 

85.  Consent  necessary  to  erect  telephone  poles,  etc.,  on  roads, 
streets,  etc.]  (Chapter  134,  Sec.  4.)  §  4.  No  such  company  (tele- 
graph or  telephone)  shall  have  the  right  to  erect  any  poles,  posts, 
piers,  abutments,  wires  or  other  fixtures  of  their  lines  along  or  upon 
any  road,  highway  or  public  ground,  outside  the  corporate  limits  of  a 
city,  town  or  village,  without  the  consent  of  the  county  board  of 
the  county  in  which  such  road,  highway  or  public  ground  is  situated, 
nor  ui)on  any  street,  alley,  highway  or  public  ground,  within  any 
incorporated  city,  town  or  village,  without  the  consent  of  the  cor- 
porate authorities  of  such  city,  town  or  village.     The  consent  herein 


ABSTRACT  OF  STATUTES  31 

required  must  be  in  writing,  and  shall  be  recorded  in  the  recorder's 
office  of  the  county.  And  such  county  board,  or  city  council,  or 
board  of  trustees  of  such  city,  town  or  village,  as  the  case  may  be, 
shall  have  power  to  direct  any  alteration  in  the  location  or  erection 
of  any  such  poles,  posts,  piers  or  abutments,  and  also  in  the  height 
of  the  wires,  having  first  given  the  comj^any  or  its  agent  opportunity 
to  be  heard  in  regard  to  such  alteration. 

86.  Gas  safety  appliances.]  (Laws  1911,  page  146.)  §1.  That 
it  shall  be  the  duty  of  the  fire  marshal  or  such  other  officer  or  officers 
as  are  or  may  be  charged  with  the  duty  of  fire  protection  in  each  town, 
village  or  city  in  the  State  of  Illinois,  to  require  the  owner,  agent 
or  person  in  charge  of  each  public  building,  factory,  store,  hotel 
theatre,  tenement  or  other  building,  except  private  residences  in 
each  of  said  towns,  villages  or  cities,  in  which  gas  is  used  for  illumin- 
ating, heating  or  other  purposes,  to  equip  said  building  or  buildings 
with  an  automatic  gas  cock,  valve  or  appliance  by  means  of  which, 
in  case  of  fire,  accident  or  other  necessity,  the  supply  of  gas  may 
be  shut  off  from  said  building  or  buildings,  without  requiring  fire- 
inen  or  other  ])ersons  to  enter  within  said  building  or  buildings  for 
said  purpose. 

87.  Approval  of  appliances.]  §  2.  That  all  such  safety  cocks, 
valves  or  appliances,  as  herein  provided  for,  shall  be  of  such  design 
and  quality  of  workmanship  as  to  be  reasonable  certain  to  perform 
the  work  required  to  be  done  thereby  and  shall  be  approved  by,  and 
installed  under  the  supervision  and  control  of  the  duly  authorized 
officer  or  officers  charged  with  the  duty  of  fire  protection  in  said 
town,  village  or  city  in -which  said  gas  cocks,  valves  or  devices  are 
required  to  be  installed;  and  when  thus  installed  in  any  building 
shall  continue  to  be  and  remain  under  their  supervision  and  control : 
Provided,  however,  that  in  all  cases  where  the  total  volume  of  gas  led 
into  any  building  or  buildings,  is  not  more  than  the  average  volume 
delivered  through  a  three-fourths  inch  pipe,  then  all  such  buildings 
shall  be  exempt  from  the  requirements  herein  named,  unless  the  con- 
ditions under  which  the  gas  is  used  are  such  as  to  endanger  life  or 
property  to  the  saine  extent  as  the  larger  average  volume  carried  by 
pipes  of  the  next  larger  size,  then  in  all  such  cases,  at  the  discretion 
of  said  duly  authorized  officer  or  officers,  all  such  buildings  may  be 
required  to  be  equipped  as  provided  for  herein. 

88.  Violation — penalty.  §  3.  That  from  and  after  the  time  of 
taking  effect  of  this  Act  any  owner,  agent  or  person  in  control  of  any 
building  or  buildings  within  the  requirements  thereof,  who  shall  fail, 
neglect  or  refuse  to  equip  said  building  or  buildings  or  to  comply 
with  the  requirements  set  forth  herein,  shall  be  served  with  legal  notice 
by  the  officer  or  officers  duly  charged  with  the  fire  protection  of 
same  to  comply  therewith  within  thirty  days,  and  if  at  the  expiration 
of  the  time  specified  in  said  notice,  said  building  or  buildings  are  not 


32  ABSTRACT  OF  STATl'TES 


cquipijcd  as  provided  for  herein,  then  said  owner,  agent  or  person  in 
control  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  ten  (10)  nor  more  than 
fifty  (50)  dollars  for  each  offense.  And  upon  such  conviction  such 
owner,  agent  or  person  in  control  of  any  building  or  buildings,  it  shall 
be  unlawful  for  any  person,  firm  or  corporation  or  company  to  supply 
gas  to  such  building  or  buildings  for  a  longer  period  of  time  than 
thirty  days  next  succeeding  said  conviction,  until  such  building  or 
buildings  have  been  equipped  as  provided  herein. 

89.  Tampering  with  device.]  §  4.  That  when  any  such  device 
is  installed  and  approved,  it  shall  be  unlawful  for  any  unauthorized 
person  to  wilfully  disturb,  destroy,  meddle  or  tamper  with  any  such 
device  in  any  way,  and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars  ($50.00)  for  each  offense. 

OFFICERS THEIR  POWERS  AND  DUTIES. 

90.  Officers.)  (Chapter  24,  See.  72.)  §  1.  There  shall  be 
elected,  in  all  cities  organized  under  this  Act,  the. following  officers, 
viz:  a  ma^'or,  a  city  council,  a  city  clerk,  city  attorney,  and  a  city 
treasurer. 

91.  Other  officers — duties  of  city  marshal.]  §  2.  The  city 
council  may,  in  its  discretion,  from  time  to  time,  by  ordinance  passed 
by  a  vote  of  two-thirds  of  all  the  aldermen  elected,  provide  for  the 
election  by  the  legal  voters  of  the  city,  or  the  appointment  by  the 
mayor,  with  the  approval  of  the  city  council,  of  a  city  collector, 
a  city  marshal,  a  city  superintendent  of  streets,  a  corporation  counsel, 
a  city  comptroller,  or  any  or  either  of  them,  and  such  other  officers 
as  may  ^by  said  council  be  deemed  necessary  or  expedient.  The  city 
council  may,  by  a  like  vote,  by  ordinance  or  resolution,  to  take  effect 
at  the  end  of  the  then  fiscal  year,  discontinue  any  oflfice  so  created,  and 
devolve  the  duties  thereof  on  any  other  city  officer ;  and  no  officer  fill- 
ing any  such  office  so  discontinued,  shall  have  any  claim  against 
the  city  on  account  of  his  salary,  after  such  discontinuance.  The 
city  marshal  shall  perform  such  duties  as  shall  be  prescribed  by  the 
city  council  for  the  preservation  of  the  public  peace,  and  the  observ- 
ance and  cnforceinent  of  the  ordinances  and  laws;  he  shall  possess 
the  power  and  authority  of  a  constable  at  common  law,  and  under 
the  statutes  of  this  state'  (78  111.,  237.) 

92.  Appointments — vacancies — duties — powers.]  §  3.  All  offi- 
cers of  any  city,  except  where  herein  otherwise  provided,  shall  be  ap- 
pointed by  the  mayor  (and  vacancies  in  all  offices  except  the  mayor 
and  aldermen  shall  be  filled  by  like  api)ointment)  by  and  with  the 
advice  and  consent  of  the  city  council.  The  city  council  may,  by 
ordinance  not  inconsistent  with  the  provisions  of  this  Act,  prescribe 
the  duties  and  define  the  ])owers  of  all  such  officers,  together  with 
the  term  of  an\'  such  office :  Provided,  the  term  shall  not  exceed  two 
years. 


ABSTRACT  OF  STATUTES  33 


93.  Oath — bond. I  §  4.  All  officers  of  any  city  or  village, 
whether  elected  or  appointed,  shall,  before  entering  upon  the  duties 
of  their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the  State  of  Illinois, 

and  that  I  will  faithfully  discharge  the  duties  of  the  office  of according 

to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the 
office  of  the  clerk.  And  all  such  officers,  except  aldermen  and 
trustees,  shall,  before  entering  upon  the  duties  of  their  respective 
offices,  execute  a  bond  with  security,  to  be  approved  by  the  city 
council  or  board  of  trustees,  payable  to  the  city  or  village,  in  such 
penal  sum  as  may,  b}^  resolution  or  ordinance,  be  directed,  con- 
ditioned for  the  faithful  perfonnance  of  the  duties  of  the  office  and 
the  payment  of  all  moneys  received  by  such  officer,  according  to  law 
and  the  ordinances  of  said  city  or  village:  Provided,  however, 
that  in  no  case  shall  the  mayor's  bond  be  fixed  at  a  less  sum  than 
three  thousand  dollars  ($3,000) ;  nor  shall  the  treasurer's  bond  be 
fixed  at  a  less  sum  than  the  amount  of  the  estimated  tax  and  special 
assessments  for  the  current  year — which  bonds  shall  be  filed  with 
the  clerk  (except  the  bond  of  the  clerk,  which  shall  be  filed  with 
the  treasurer.) 

94.  Commission — certificate — delivery  to  successors.]     §  5.     All 

officers  elected  or  appointed  under  this  Act  (except  the  clerk,  alder- 
men and  inayor,  and  trustees),  shall  be  commissioned  by  warrant, 
under  the  corporate  seal,  signed  by  the  clerk  and  the  mayor  or 
presiding  officer  of  the  city  council  or  board  of  trustees.  The  mayor 
or  president  of  the  board  of  trustees  shall  issue  a  certificate  of  ap- 
pointinent  or  election,  under  the  seal  of  the  corporation,  to  the  clerk 
thereof,  and  any  person  having  been  an  officer  of  the  city  or  village, 
shall,  within  five  days  after  notification  and  request,  deliver  to  his 
successor  in  office  all  property,  books  and  effects  of  every  description 
in  his  possession,  belonging  to  the  city  or  village,  or  appertaining 
to  his  said  office;  and  upon  his  refusal  to  do  so,  shall  be  liable  for  all 
the  damages  caused  thereby,  and  to  such  penalty  as  may  b}^  ordin- 
ance be  prescribed. 

95.  Qualification  of  officers.]  §  6.  No  person  shall  be  eligible 
to  any  office  who  is  not  a  qualified  elector  of  the  city  or  village  and 
who  shall  not  have  resided  therein  at  least  one  year  next  preceding 
his  election  or  appointment.  Nor  shall  any  person  be  eligible  to  any 
office  who  is  a  defaulter  to  the  corporation:  Provided,  however, 
this  shall  not  apply  to  the  appointment  or  election  of  city  engineer 
in  incorporated  cities  and  villages :  And  provided,  that  the  same  shall 
not  apply  to  appointment  of  attorneys  in  incorporated  villages,  if 
such  ai)iJointee  be  not  a  defaulter  to  the  corporation. 


ABSTRACT  OF  STATUTES 


96.  Not  interested  in  contracts,  etc.]  §  7.  No  officer  shall 
be  directly  or  indirectly  interested  in  any  contract,  work  or  busi- 
ness of  the  city,  or  the  sale  of  any  article,  the  expense,  price  or  con- 
sideration of  which  is  paid  from  the  treasury,  or  by  any  assessment 
levied  by  any  act  or  ordinance ;  nor  in  the  purchase  of  any  real  estate 
or  other  property  belonging  to  the  corporation,  or  which  shall  be 
sold  for  taxes  or  assessments,  or  by  virtue  of  legal  process  at  the  suit 
of  said  corporation. 

97.  Bribery — penalty.]  §  8.  Every  person  who  shall  promise, 
offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be  promised, 
offered  or  given,  or  furnish  or  agree  to  furnish,  in  whole  or  in  part> 
to  be  promised,  offered  or  given  to  any  member  of  the  city  council  or 
board  of  trustees,  or  any  officer  of  the  corporation,  after  or  before  his 
election  or  appointment  as  such  officer,  any  moneys,  goods,  right  in 
action,  or  other  property  or  anything  of  value,  or  any  pecuniary 
advantage,  present  or  prospective,  with  intent  to  influence  his  vote, 
opinion,  judgment  or  action  on  any  question,  matter,  cause  or  pro- 
ceeding which  may  be  then  pending,  or  may  by  law  be  brought 
before  him  in  his  official  capacity,  shall,  upon  conviction,  be  impris- 
oned in  the  penitentiary  for  a  term  not  exceeding  two  years,  or  shall 
be  fined  not  exceeding  $5,000,  or  both,  in  the  discretion  of  the  court. 
Every  officer  who  shall  accept  any  such  gift  or  promise,  or  under- 
taking to  make  the  same  under  any  agreement  or  understanding 
that  his  vote,  opinion,  judgment  or  action  shall  be  influenced  thereby 
or  shall  be  given  in  any  question,  matter,  cause  or  proceeding  then 
pending,  or  which  may  by  law  be  brought  before  him  in  his  official 
capacity,  shall,  upon  conviction,  be  disqualified  from  holding  any 
public  office,  trust  or  appointment  under  the  city  or  village,  and 
shall  forfeit  his  office,  and  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  exceeding  two  }'ears,  or  by  a  fine  not  exceeding 
$5,000,  or  both,  in  the  discretion  of  the  court.  Every  person  offend- 
ing against  either  of  the  provisions  of  this  section,  shall  be  a  competent 
witness  against  any  other  person  offending  in  the  same  transaction, 
and  may  be  compelled  to  appear  and  give  evidence  before  any  grand 
jury  or  in  any  covirt  in  the  same  manner  as  other  persons;  but  the 
testimony  so  given  shall  not  be  used  in  any  prosecution  or  proceeding, 
civil  or  criminal,  against  the  person  so  testifying. 

98.  Mayor,  etc.,  not  to  hold  other  office.]  §  9.  No  mayor, 
alderman,  city  clerk,  or  treasurer  shall  hold  any  otlicr  office  under 
the  city  government  during  his  tenn  of  office. 

99.  Duties  of  clerk.]  §  10.  The  clerk  shall  keep  the  corporate 
seal,  to  be  i^rovided  under  the  direction  of  the  city  council  or  board  of 
trustees,  and  all  papers  belonging  to  the  city  or  village;  he  shall 
attend  all  meetings  of  the  city  council  or  board  of  trustees,  and 
keep  a  full  record  of  its  proceedings  in  the  journal;  and  copies  of  all 
papers  duly  filed   in  his  office,   and   transcripts  from   the  journals 


ABSTRACT  OF  STATUTES  35 


and  other  records  and  files  of  his  office,  certified  by  him  under  the 
corporate  seal,  shall  be  evidence  in  all  courts  in  like  manner  as  if 
the  originals  were  produced. 

100.  Record  of  ordinances.]  §  11.  The  clerk  shah  record,  in  a 
book  kept  for  that  purpose,  all  ordinances  passed  by  the  city  council 
or  board  of  trustees,  and  at  the  foot  of  the  record  of  each  ordinance 
so  recorded  shall  make  a  memorandum  of  the  date  of  the  passage 
and  of  the  publication  or  posting  of  such  ordinance,  which  record 
and  memorandum,  or  a  certified  copy  thereof,  shall  be  prima  facie 
evidence  of  the  passage  and  legal  publication  or  posting  of  such  or- 
dinances for  all  purposes  whatsoever. 

101.  Conservators  of  the  peace — powers  of.]  §  12.  The  trus- 
tees in  villages,  the  mayor,  aldermen,  and  the  marshal  and  his  depu- 
ties, policemen  and  watchmen  in  cities,  if  any  such  be  appointed,, 
shall  be  conservators  of  the  peace,  and  all  officers  created  conserva- 
tors of  the  peace  by  this  Act,  or  authorized  by  any  ordinance,  shall 
have  power  to  arrest  or  cause  to  be  arrested,  with  or  without  process,, 
all  persons  who  shall  break  the  peace,  or  be  found  violating  any 
ordinance  of  the  city  or  village,  or  any  criminal  law  of  the  State, 
commit  for  the  examination  and,  if  necessary,  detain  such  persons. 
in  custody  over  night  or  Sunday  in  the  watch  house  or  any  other  safe 
place,  or  until  they  can  be  brought  before  the  proper  magistrate, 
and  shall  have  and  exercise  such  other  powers  as  conservators  of 
the  peace  as  the  city  council  or  board  of  trustees  may  prescribe. 
All  warrants  for  the  violation  of  ordinances,  and  all  criminal  war- 
rants to  whoinsoever  directed,  may  be  served  and  executed  within 
the  corporate  limits  of  any  such  city  or  village  by  any  policeman 
of  such  city  or  village;  such  policeman  being  hereby  clothed  with 
all  the  common  law  and  statutory  power  of  constables  for  such  pur- 
poses. 

102.  Compensation  of  mayor.]  §  13.  The  mayor  of  any  city 
shall  receive  such  compensation  as  the  city  council  may  by  ordin- 
ance direct,  but  his  compensation  shall  not  be  changed  during  his. 
term  of  office. 

103.  Compensation  of  aldermen  and  trustees.]  §  14.  The  alder- 
men and  trustees  may  receive  such  compensation  for  their  services  as; 
shall  be  fixed  by  the  ordinances :  Provided,  however,  that  in  cities  of 
less  than  350,000  inhabitants  such  compensation  shall  not  exceed  the 
sum  of  three  dollars  to  each  alderman  for  each  meeting  of  the  city 
council  or  board  of  trustees  actually  attended  by  him;  in  cities  of 
more  than  350,000  inhabitants  such  compensation  shall  not  exceed 
the  sum  of  thirty-five  hundred  dollars  per  annum  for  each  aldemian, 
and  in  villages  the  compensation  to  trustees  shall  not  exceed  the 
sum  of  one  dollar  and  fifty  cents  for  each  meeting  of  the  board  of 
trustees  actually  attended  by  such  trustees.  No  other  salary  or 
compensation  shall  be  allowed  any  alderman  or  trustee:     Provided,. 


36  '  ABSTRACT  OF  STATUTES 


further,  that  this  Act  shall  apply  to  all  cities,  towns  and  villages  in 
in  this  state  whether  incorporated  under  a  general  or  special  law, 
and  that  in  all  such  villages  and  incorporated  towns  the  trustees 
thereof  shall  receive  comrjensation  for  not  more  than  one  meeting 
in  each  week. 

104.  Compensation  of  other  officers.]  §  15.  All  other  officers 
may  reccix'c  a  salary,  fee  or  other  compensation  to  be  fixed  by  ordin- 
ance, and  after  the  same  has  been  once  fixed,  such  fees  or  compen- 
sation shall  not  be  increased  or  diminished,  to  take  effect  during  the 
term  for  which  any  such  officer  was  elected  or  appointed;  and  every 
such  officer  shall  make  and  return  to  the  mayor,  or  president  of  the 
board  of  tnistccs,  a  semi-annual  report,  verified  by  affidavit,  of  all 
svich  fees  and  cmohimcnts  received  by  him.     (See  chapter  53,  Sec.  38.) 

105.  Compensation — when  to  be  fixed — not  changed  during 
term.]  (Chapter  24,  Sec.  271.)  It  shall  and  may  be  lawful  for  the 
common  council  or  legislative  authority  of  any  city  in  this  state 
to  establish  and  fix  the  amount  of  salary  to  be  paid  any  and  all  city 
officers,  as  the  case  may  be,  except  members  of  such  legislative  body, 
in  the  annvial  appropriation  bill  or  ordinance;  and  the  salaries  or 
compensation  thus  fixed  or  established  shall  neither  be  increased  nor 
diminished  by  the  said  common  council  or  legislative  authority 
«of  any  such  city,  after  the  passage  of  said  annual  appropriation  bill 
or  ordinance,  during  the  year  for  which  such  appropriation  is  made, 
and  no  extra  compensation  shall  ever  be  allowed  to  any  such  officer 
or  employe  over  and  above  that  provided  in  manner  aforesaid. 

106.  Unlawful  to  take  greater  sum  than  the  percentage,  etc.] 
(Chapter  24,  Sec.  372.)  That,  whenever  any  officer,  agent  or  em- 
ploye of  any  incorporated  town  or  village,  hereafter  to  be  elected 
or  appointed,  is  paid  by  a  commission  or  percentage  on  the  moneys 
collected,  handled  or  paid  over  by  him,  it  shall  be  unlawful  for  said 
officer,  agent  or  employe  to  receive  or  retain  for  his  compensation 
for  collecting,  handling  or  paying  over  such  moneys,  any  greater 
sum  than  that  produced  by  such  percentage  or  commission,  and  in  no 
case  shall  such  compensation  exceed  the  sum  of  five  thousand  dol- 
lars ($5,000)  per  anntmi. 

107.  Administering  oaths.]  (Chapter  24,  Sec  87.)  §  16.  The 
mayor  of  any  cit}-,  and  the  clerk  of  any  city  or  village,  shall  have 
power  to  administer  oaths  and  affirmations  upon  all  la^^^ul  occasions. 

108.  Police  magistrate  —  election  and  term  of  office — jurisdic- 
tion.] (Chapter  24,  Sec.  249.)  §  1.  That  all  towns,  cities  and 
villages  in  the  state  which  have  been  incorporated  under  charters 
granted  by  special  acts,  or  under  a  general  act,  when  the  law  under 
which  they  are  incorporated  does  not  authorize  the  election  of  a 
police  magistrate,  be  and  they  are  hereby  authorized  to  elect  one 
police  magistrate  at  the  first  annual  election  of  town,  city  or  village 
officers  that  shall  occur  after  the  passage  of  this  Act.  and  quadren- 


ABSTRACT  OF  STATUTES  37 


nially  thereafter.  Such  police  magistrates  shall  hold  their  offices 
for  the  same  term,  be  commissioned  and  qualified  and  have  the 
same  jurisdiction  and  fees  as  police  magistrates  of  villages  have 
under  the  general  law  for  the  incorporation  of  cities  and  villages. 
Provided,  that  in  all  cities,  towns  and  villages  in  this  state  where  a. 
police  magistrate  is  now  elected  at  a  time  when  no  regular  city 
election  is  held  for  athcr  city  officers,  the  police  magistrate  elected 
at  the  last  election  shall  hold  his  ofhce  until  the  next  regular  election 
of  city  officers  which  shall  occur  after  the  expiration  of  the  present 
term  for  which  such  police  magistrate  has  been  elected,  and  such 
cities  be,  and  they  are  hereby  authorized  to  elect  one  police  magis- 
trate at  the  first  regular  election  for  city  officers  which  shall  occur 
after  the  expiration  of  the  tenii  of  office  for  which  the  magistrate 
now  holding  office  is  elected,  and  QYQvy  four  years  thereafter. 

109.  Non-resident  not  to  be  sheriff,  special  policeman,  etc.| 
(Chapter  24,  Sec.  444.)  That  it  shall  be  unlawful  for  the  sheriff 
of  any  county,  or  the  corporate  authorities  of  any  city,  town  or 
village  to  authorize;  empower,  employ  or  permit  any  person  to  act 
as  deputy  sheriff,  special  constable  or  special  policeman  for  the  pur- 
pose of  preserving  the  peace  who  is  not  a  citizen  of  the  United  States 
and  has  not  been  an  actual  resident  of  the  county  where  such  person 
is  authorized  to  act  as  deputy  sheriff,  special  constable  or  special 
policeinan,  one  whole  year  before  such  authorization. 

Penalty — Any  sheriff  or  public  officer  violating  the  provisions 
of  this  Act  shall  be  deemed  guilty  of  a  misdeineanor,  and  shall,  on. 
conviction,  be  punished  bv  a  fine  of  not  less  than  $100  and  not  more 
than  $500. 

110.  Appointment  of  police  matrons.]  (Chapter  24,  Sec.  490.) 
That  in  all  incorporated  cities  in  this  State,  having  a  population 
of  sixteen  thousand  inhabitants  or  more,  it  shall  be  the  duty  of  the 
mayor  of  such  city,  subject  to  the  confirmation  by  the  council  of 
such  city,  to  appoint  for  the  term  of  one  year,  one  or  more  police, 
matrons,  who  shall  have  charge  of  all  female  prisoners  in  their  re- 
spective cities,  in  the  police  station,  city  prison,  workhouse,  or  cala- 
boose of  such  city,  and  who  shall  perform  such  duties  in  that  regard 
as  shall  be  prescribed  by  the  ordinances  of  such  city:  Provided,  in 
cities  of  over  50,000  inhabitants  they  need  not  be  confirmed  by  the 
council  or  board  of  trustees. 

Salaries  of  police  matrons — The  salaries  to  be  paid  to  each  of 
said  matrons  shall  be  fixed  annually  by  the  council  or  president,  and, 
as  the  case  may  be,  out  of  the  funds  to  be  duly  appropriated  for  that 
purpose. 

RESIGNATIONS    AND    VACANCIES. 

111.  Of  elective  offices.]  (Chapter  46,  Sec.  124.)  §124.  Resig- 
nations of  elective  officers  shall  be  made  to  the  officer,  court  or  c(umty 


38    .  ABSTRACT  OF  STATUTES 


board  authorized  by  law  to  fill  a  vacancy  in  such  office  by  appoint- 
ment, or  to  order  an  election  to  fill  such  vacancy. 

112.  When  office  becomes  vacant.]  §125.  Every  elective  office 
shall  become  vacant  on  the  haiJioening  of  either  of  the  following 
events,  before  the  expiration  of  the  term  of  such  office : 

First — The  death  of  the  incumbent. 

Second — His  resignation. 

Third — ^His  becoming  insane. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  state;  or,  if  the 
office  is  local,  his  ceasing  to  be  an  inhabitant  of  the  district,  county, 
town  or  precinct  for  which  he  was  elected. 

Fifth — His  conviction  of  an  infamous  crime,  or  of  any  offense 
involving  a  violation  of  official  oath. 

Sixth — His  removal  from  office. 

Seventh — His  refusal  or  neglect  to  take  his  oath  of  office,  or  to 
give  or  renew  his  official  bond,  or  to  deposit  or  file  such  oath  or 
bond  within  the  time  prescribed  by  law. 

Eighth — The  decision  of  a  competent  tribunal  declaring  his  elec- 
tion void. 

113.  Who  may  determine  when  vacancy  exists.]  §126.  When- 
ever it  is  alleged  that  a  vacancy  in  any  office  exists,  the  officer,  court, 
or  county  board  whose  duty  it  is  to  fill  the  vacancy  by  appointment, 
or  to  order  an  election  to  fill  such  vacancy,  shall  have  power  to 
determine  whether  or  not  the  facts  occasioning  such  vacancy  exist. 

OF    FINANCE. 

114.  Fiscal  year.]  (Chapter  24,  Sec.  88.)  §  1.  The  fiscal  year  of 
each  city  or  village  organized  under  this  Act  shall  commence  at  the 
date  established  by  law  for  the  annual  election  of  municipal  officers 
therein,  or  at  such  other  times  as  may  be  fixed  by  ordinance. 

115.  Annual  appropriation  ordinance.]  §  2.  The  city  council 
of  cities,  and  board  of  trustees  in  villages,  shall,  within  the  first 
quarter  of  each  fiscal  year,  pass  an  ordinance,  to  be  termed  the  an- 
nual appropriation  bill,  in  which  such  corporate  authorities  may 
appropriate  such  sum  or  sums  of  money  as  may  be  deemed  necessary 
to  defray  all  necessary  expenses  and  liabilities  of  such  corporation; 
and  in  such  ordinance  shall  specify  the  objects  and  purposes  for 
which  such  appropriations  are  made,  and  the  amount  appropriated 
for  each  object  or  purpose.  No  further  appropriations  shall  be 
made  at  any  other  time  within  such  fiscal  year,  unless  the  proposi- 
tion to  make  each  appropriation  has  been  first  sanctioned  by  a 
majority  of  the  legal  voters  of  such  city  or  village,  either  by  a  petition 
signed  bv  them,  or  at  a  general  or  special  election  dulv  called  therefor. 
(80  111..  ,=;87;  78  111.,  101;  144  111.,  458;  111  111.,  63.) 


ABSTRACT  OF  STATUTES  39 


116.  Limitation — emergency — borrowing  money.]  §  3.  Neither 
the  city  council  nor  the  board  of  trustees,  nor  any  department  or 
officer  of  the  corporation,  shall  add  to  the  corporation  expenditures 
in  any  one  year  anything  over  and  above  the  amount  provided  for  in 
the  annual  appropriation  bill  of  that  year,  except  as  is  herein  otherwise 
specially  provided;  and  no  expenditure  for  an  improvement  to  be 
paid  for  out  of  the  general  fund  of  the  corporation  shall  exceed, 
in  any  one  year,  the  amount  provided  for  such  improvement  in  the 
annual  appropriation  bill:  Provided,  however,  that  nothing  herein 
contained  shall  prevent  the  city  council  or  board  of  trustees  from 
ordering,  by  a  two  thirds  vote,  any  improvement,  the  necessity  of 
which  is  caused  by  any  casualty  or  accident  happening  after  such 
annual  appropriation  is  made.  The  city  council  or  board  of  trus- 
tees may,  by  a  like  vote,  order  the  mayor  or  president  of  the  board 
of  trustees  and  finance  commiittee  to  borrow  a  sufficient  amount  to 
provide  for  the  expense  necessary  to  be  incurred  in  making  any 
improvements,  the  necessity  of  which  has  arisen  as  is  last  above 
mentioned,  for  a  space  of  time  not  exceeding  the  close  of  the  next 
fiscal  year — which  sum,  and  the  interest,  shall  be  added  to  the  amount 
authorized  to  be  raised  -in  the  next  general  tax  levy,  and  embraced 
therein.  Should  any  judgment  be  obtained  against  the  corporation, 
the  mayor,  or  president  of  the  board  of  trustees  and  finance  comimttee, 
under  the  sanction  of  the  city  council  or  board  of  trustees,  may  borrow 
a  sufficient  amount  to  pay  the  same,  for  a  space  of  time  not  exceeding 
the  close  of  the  next  fiscal  year — which  sum  and  interest  shall,  in 
like  manner,  be  added  to  the  amount  authorized  to  be  raised  in  the 
general  tax  levy  of  the  next  year,  and  embraced  therein.  (68  111.,  530.) 

117.  Contracting  liabilities  limited.]  §  4.  No  contract  shall  be 
hereafter  made  by  the  city  councillor  board  of  trustees,  or  any  com- 
mittee or  member  thereof;  and  no  expense  shall  be  incurred  by  any 
of  the  officers  or  departments  of  the  corporation,  whether  the  object 
of  the  expenditure  shall  have  been  ordered  by  the  city  council  or 
board  of  trustees  or  not,  unless  an  appropriation  shall  have  been 
previously  made  concerning  such  expense,  except  as  herein  otherwise 
expressly  provided. 

118.  Duties  of  treasurer.]  §  5.  The  treasurer  shall  receive 
all  moneys  belonging  to  the  corporation,  and  shall  keep  his  books 
and  accounts  in  such  manner  as  may  be  prescribed  by  ordinance, 
and  such  books  and  accounts  shall  always  be  subject  to  the  inspec- 
tion of  any  member  of  the  city  council  or  board  of  trustees. 

119.  Separate  accounts.]  §  6.  He  shall  keep  a  separate  account 
of  each  fund  or  appropriation,  and  the  debits  and  credits  belonging 
thereto. 

120.  Receipts.]  §  7.  He  shall  give  every  person  paying  money 
into  the  treasury  a  receipt  therefor,  specifying  the  date  of  payment, 
and  upon  what  account  paid;  and  he  shall  also  file  copies  of  such 
receipts  with  the  clerk,  at  the  date  of  his  monthly  reports. 


40  ABSTRACT  OF  STATUTES 


121.  Monthly   statements — warrants — vouchers — register.]     §  8. 

The  treasurer  shall,  at  the  end  of  each  and  every  month,  and  oftener 
if  required,  render  an  aecount  to  the  city  council  or  board  of  trustees, 
or  such  officer  as  may  be  designated  by  ordinance  (under  oath) 
showing  the  state  of  the  treasury  at  the  date  of  such  account,  and 
the  balance  of  money  in  the  treasury.  He  shall  also  accompany 
such  accounts  with  a  statement  of  all  moneys  received  into  the  treas- 
ury, and  on  what  account,  together  with  all  warrants  redeemed 
and  ]xiid  by  him;  which  said  warrants,  with  any  and  all  vouchers 
held  b>'  him,  shall  be  delivered  to  the  clerk,  and  filed  with  his  said 
account  in  the  clerk's  office,  upon  every  da}-  of  such  settlement. 
He  shall  return  all  warrants  paid  by  him  stamped  or  marked  "paid." 
He  shall  keep  a  register  of  all  warrants  redeemed  and  paid,  which 
shall  describe  such  warrants,  and  show  the  date,  amount,  number, 
the  fund  from  which  paid,  the  name  of  the  person  to  whom  and  when 
paid. 

122.  Deposit  of  funds — separate  from  his.]  §  9.  The  treasurer 
may  be  required  to  keep  all  moneys  in  his  hands,  belonging  to  the 
corporation,  in  such  place  or  places  of  deposit  as  may  be  designated 
by  ordinance:  Provided,  however,  no  such  ordinance  shall  be  passed 
by  which  the  custody  of  such  money  shall  be  taken  from  the  treasurer 
and  deposited  elsewhere  than  in  some  ;regularly  organized  bank, 
nor  without  a  bond  to  be  taken  from  such  bank,  in  such  penal  sum 
and  with  such  security  as  the  city  council  or  board  of  trustees  shall 
direct  and  approve,  sufficient  to  save  the  corporation  from  any  loss; 
but  such  penal  sum  shall  not  be  less  than  the  estimated  receipts  for 
the  current  year  from  taxes  and  special  assessments  levied,  or  to  be 
levied,  by  the  corporation.  The  treasurer  shall  keep  all  moneys 
belonging  to  the  corporation  in  his  hands  separate  and  distinct 
from  his  own  moneys,  and  he  is  hereby  expressly  prohibited  from 
using  either  directly  or  indirectly,  the  corporation  money  or  warrants 
in  his  custody  and  keeping,  for  his  own  use  and  benefit,  or  that  of  any 
other  person  or  persons  whomsoever;  and  any  violation  of  this  pro- 
vision shall  subject  him  to  immediate  removal  from  office  by  the  city 
council  or  board  of  trustees,  who  are  hereby  authorized  to  declare 
said  office  vacant ;  and  in  which  case  his  successor  shall  be  appointed, 
who  shall  hold  his  office  for  the  remainder  of  the  term  unexpired  of 
such  officer  so  removed.     (Sec  Laws  1911,  p  149.) 

123.  Treasurer's  annual  report — publication.]  §  10.  The  treas- 
urer shall  report  to  the  city  council  or  board  of  trustees,  as  often 
as  required,  a  full  and  detailed  account  of  all  receipts  and  expendi- 
tures of  the  corporation,  as  shown  by  his  books,  up  to  the  time  of 
said  report;  and  he  shall,  annually,  between  the  first  and  tenth  of 
April,  make  out  and  file  with  the  clerk  a  full  and  detailed  account  of 
all  such  receipts  and  expenditures,  and  of  all  his  transactions,  as 
such  treasurer,  during  the  preceding  fiscal  year,  and  shall  show  in 
such  account  the  state  of  the  treasurv  at  the  close  of  the  fiscal  year; 


ABSTRACT  OF  STATUTES  41 


which  account  the  clerk  shall  immediately  cause  to  be  published 
in  a  newspaper  printed  in  such  city,  if  there  be  one,  and  if  not,  then 
by  posting  the  same  in  a  public  place  in  the  clerk's  ofifice. 

124.  Warrants.]  §  11.  All  warrants  drawn  upon  the  treasurer 
must  be  signed  by  the  mayor  and  countersigned  by  the  clerk,  stating 
the  particular  fund  or  appropriation  to  which  the  same  is  chargeable, 
and  the  person  to  whom  payable ;  and  no  money  shall  be  otherwise 
paid  than  upon  such  warrants  so  drawn,  except  as  hereinafter  pro- 
vided. 

125.  Special  assessment  funds  kept  separate.]  §12.  All  moneys 
received  on  any  special  assessment  shall  be  held  by  the  treasurer  as  a 
special  fund,  to  be  applied  to  the  payment  of  the  improvement  for 
which  the  assessment  was  made,  and  said  money  shall  be  used  for 
no  other  purpose  whatever,  unless  to  reimburse  such  corporation 
for  money  expended  for  such  improvement. 

126.  When  warrants  may  be  drawn.]  (Chapter  146,  a.)  §  1. 
That  warrants,  payable  on  demand,  shall  hereafter  be  drawn  and 
issued  upon  the  treasurer  of  this  state  or  of  any  county,  township, 
city,  school  district  or  other  municipal  corporation,  or  against  any 
fund  in  his. hands,  only  when  at  the  time  of  the  drawing  and  issuing 
of  such  warrants  there  shall  be' sufficient  money  in  the  appropriate 
fund  in  the  treasury  to  pay  said  warrants. 

127.  Issued  in  anticipation  of  taxes — in  payment  of .]  §2.  That 
whenever  there  is  not  sufficient  money  in  the  treasury  of  any  county, 
city,  town,  village,  school  district  or  other  municipal  corporation 
to  meet  and  defray  the  ordinary  and  necessary  expenses  thereof, 
it  shall  be  lawful  for  the  proper  authorities  thereof  to  provide  a  fund 
to  meet  said  expenses  by  issuing  and  disposing  of  warrants  drawn 
against  and  in  anticipation  of  any  taxes  already  levied  by  said  au- 
thorities for  the  payment  of  the  ordinary  and  necessary  expenses  of 
such  county,  city,  village,  school  district  or  other  municipal  corpor- 
ation, to  the  extent  of  seventy-five  per  centum  of  the  total  amount 
of  any  such  tax  levied : 

Provided,  That  warrants  drawn  and  issiied  under  the  provisions 
of  this  section  shall  show  upon  their  face  that  they  are  payable 
solely  from  said  taxes  when  collected  and  not  otherwise,  and  shall 
be  received  by  any  collector  of  taxes  in  payment  of  the  taxes  against 
which  they  are  issued,  and  which  taxes  against  which  said  warrants 
are  drawn,  shall  be  set  apart  and  held  for  their  payment.  (231  111.,  63.) 

128.  When  warrants  bear  interest.]  §  3.  Every  warrant  issued 
under  this  Act  shall,  unless  paid  within  thirty  days  after  its  issuance, 
bear  interest,  payable  only  out  of  the  taxes  against  which  it  shall  be 
drawn,  at  the  rate  of  five  per  cent  per  annum  from  the  date  of  its 
issuance  until  paid,  or  until  notice  shall  be  given  by  publication  in 
a  newspaper  or  otherwise,  that  the  money  for  its  payment  is  avail- 
able, and  that  it  will  be  paid  on  presentation  unless  a  lower  rate  of 


42 


ABSTRACT  OF  STATUTES 


interest  shall  be  specified  therein,  in  which  case  the  interest  shall  be 
computed  and  paid  at  such  lower  rate.  (209  111.,  142;  231  111.,  63; 
103  111.,  App.  95;  135  111.,  App.  494.) 

129.  Referendum  on  issue  of  bonds.]  (Chapter  24,  Sec.  697.) 
That  hereafter  no  ordinance  passed  by  the  city  council  of  any  city, 
or  board  of  trustees  of  any  village  or  incorporated  town,  as  the  case 
may  be,  which  provides  for  or  authorizes  the  issue  of  bonds 
(except  bonds  to  refund  any  existing  bonded  indebtedness),  shall 
become  operative,  effective  or  valid  until  any  such  ordinance  shall 
have  been  submitted  to  the  voters  of  any  such  city  or  village  or  in- 
corporated town,  as  the  case  may  be,  at  the  next  succeeding  general 
or  special  election,  or  any  special  election  called  for  that  purpose, 
and  approved  by  a  majority  of  such  voters  voting  upon  the  question. 

130.  Form  of  ballot.]  §  2.  Such  ordinance  shall  be  printed  on  a 
ballot,  which  shall  be  separate  and  distinct  from. the  ballot  for  candi- 
dates for  office,  stating  the  amount  of  the  bond  issue  provided  for  in 
such  ordinance  and  the  suecific  purpose  or  purposes  for  which  such 
bonds  or  obligations  are  to  be  issued.  The  ballot  to  be  used  at  any 
such  election  in  voting  under  this  Act  shall  be  substantially  in  the 
following  form : 


Shall  bonds  or  obligations  for  the  purpose  of 

(state 

specific  purpose)  in  the  sum  of  $ GO  be 

issued  by  the  city  council  (or  board  of  trus- 
tees as  the  case  may  be.) 


Yes 


No 


131.  Sinking  fund — commission.]  (Chapter  113,  Sec.  45.)  In 
every  city,  village  and  incorporated  town  there  shall  be  a  sinking 
fund  commission  composed  of  the  mayor  (or  president  of  the  board 
of  trustees),  the  chairman  of  the  finance  committee  and  the  city 
comptroller,  or  if  there  be  no  city  comptroller,  the  clerk  of  said 
city,  village  or  incorporated  town. 

132.  Purchase  of  bonds.]  §  2.  Whenever  there  shall  be  in 
in  the  sinking  fund  of  any  city,  village  or  incorporated  town  a  sum 
in  excess  of  that  required  for  the  payment  of  the  bonded  indebted- 
ness of  such  city,  village  or  incorporated  town  maturing  in  that  or 
the  succeeding  fiscal  year,  and  the  interest  due  in  that  period,  the 
sinking  fund  commission  may  use  such  excess  in  the  purchase  of  the 
outstanding  bonds  for  the  payment  of  which,  at  maturity,  such  sink- 
ing fund  was  or  shall  be  created,  paying  therefor  no  more  than  the 
market  price.  When  any  such  bond  is  so  purchased,  it  shall  be 
cancelled,  and  thereafter  no  taxes  for  the  payment  of  such  bonds 
or  the  interest  thereon  shall  be  levied.  No  further  appropriation 
by  such  city,  village  or  incorporated  town  shall  be  required  for  the 


ABSTRACT  OF  STATUTES  43 


application  of  money  in  such  sinking  fund  to  the  payment  of  such 
bonds  than  is  made  hereby. 

133.  Purchase  of  warrants.]  (Laws  1911,  p.  150.)  §  1.  That 
■every  city,  incorporated  town  or  village,  now  or  hereafter  holding 
in  its  treasury  any  fund  set  aside  for  use  for  some  particular  purpose, 
that  is  not  immediately  necessary  for  such  purpose,  may  by  ordinance 
of  the  city  council  of  such  city  or  board  of  trustees  of  such  town  or 
village  use  the  money  in  such  fund  in  the  purchase  of  tax  anticipation 
warrants  issued  by  said  city,  town  or  village  against  taxes  levied 
by  said  city,  town  or  village;  such  warrants  to  bear  interest  not  to 
exceed  four  per  cent  per  annum,  and  all  interest  upon  such  warrants, 
and  all  money  paid  in  redemption  of  said  warrants  shall  at  once  be 
credited  to  and  place  in  such  fund  so  held  by  such  city,  town  or 
village. 

Disposition  of  interest.]  §  2.  Interest  accruing  upon  deposits 
of  inoney  derived  from  special  assessments  may  by  ordinance  of 
the  city  coucil  of  such  city  or  board  of  board  of  trustees  of  such  town 
or  village  be  used  in  the  retiring  outstanding  special  assessment  vou- 
chers and  bonds  that  may  be  delinquent  by  reason  of  any  deficiency 
in  the  fund  out  of  which  such  vouchers  or  bonds  are  to  be  paid.  • 

CITY    COLLECTOR. 

134.  His  duties.]  (Chapter  24,  Sec.  100).  §13.  It  shall  be  the 
duty  of  the  collector,  when  one  is  appointed,  to  preserve  all  warrants 
which  ate  returned  into  his  hands,  and  he  shall  keep  such  books  and 
his  accounts  in  such  inanner  as  the  city  council  may  be  prescribe. 
Such  warrants,  books,  and  all  paper  pertaining  to  his  office,  shall  at 
times  be  open  to  the  inspection  of  and  subject  to  the  examination 
of  the  mayor,  city  clerk,  any  inember  of  the  council,  or  committee 
thereof.  He  shall  weekly,  and  oftener  if  required  by  the  council, 
pay  over  to  the  treasurer  all  moneys  collected  by  him  froin  any  source 
whatever,  taking  such  treasurer's  receipt  therefor,  which  receipt 
he  shall  immediately  file  with  the  city  clerk,  but  the  city  clerk  shall, 
at  the  time,  or  on  demand,  give  such  tax  collector  a  copy  of  an}'  such 
receipt  so  filed. 

135.  He  shall  report,  etc. — publication.]  §  14.  He  shall  make 
a  report,  in  writing,  to  the  council,  or  any  officer  designated  by  the 
council,  of  all  moneys  collected  by  him,  the  account  whereon  collected 
or  of  any  other  matter  in  connection  with  his  office,  when  required 
by  the  council  or  by  any  ordinance  of  the  city.  He  shall  also,  an- 
nually, between  the  firSt  and  tenth  of  April,  file  with  the  clerk  a  state- 
ment of  all  the  moneys  collected  by  him  during  the  year,  the  particu- 
lar warrant,  special  assessment  or  account  on  which  collected,  the 
balance  of  moneys  uncollected  on  all  warrants  in  his  hands,  and  the' 
balance  remaining  uncollected  at  the  time  of  the  return  on  all  war- 
rants which  he  shall  have  returned,  during  the  ]:receding  fiscal  year 


44  ABSTRACT  OF  STATUTES 


to  the  city  clerk.  The  city  clerk  shall  publish  or  post  the  same,  as 
hereinbefore  required  to  be  done  in  regard  to  the  annual  report  of  the 
treasurer. 

136.  Not  to  detain  money — penalty.]  §  15.  The  collector 
hereby  expressly  prohibited  from  keeping  the  moneys  of  the  city 
in  his  hands,  or  in  the  hands  of  any  jjcrson  or  corporation,  to  his  use 
beyond  the  time  which  may  be  prescribed  for  the  payment  of  the 
same  to  the  treasurer,  and  any  violation  of  this  provision  will  subject 
him  to  immediate  removal  from  office. 

137.  Examination  of  his  books — paying  over.]     §  16.     All   the 

city  collector's  papers,  books,  warrants  and  \'0uchers  may  be  ex- 
amined at  any  time  by  the  mayor  or  clerk,  or  any  member  of  the  city 
council;  and  the  collector  shall  every  two  weeks,  or  oftener,  if  the 
city" council  so  directs,  pay  over  all  money  collected  by  him  froin  an}^ 
person  or  persons,  or  associations,  to  the  treasurer,  taking  his  receipt 
therefor  in  duplicate,  one  of  which  receipts  he  shall  at  once  file  in  the" 
office  of  the  clerk. 

CITY    COMPTROLLER. 

138.  His  powers  and  duties.]  §  17.  The  city  comptroller  (if 
there  shall  be  any  city  comptroller  appointed,  if  not,  then  the  clerk) 
shall  exercise  a  general  supervision  over  all  the  officers  of  the  cor- 
poration charged  in  an}'  manner  with  the  receipt,  collection  or  dis- 
bursement of  corporation  revenues,  and  the  collection  and  return  of 
all  such  revenues  into  the  treasury.  He  shall  have  the  charge, 
custody  and  control  of  all  deeds,  leases,  warrants,  vouchers,  books 
and  papers  of  any  kind,  the  custody  and  control  of  which  is  not 
herein  given  to  any  other  officer;  and  he  shall,  on  or  before  the  fif- 
teenth day  of  May,  in  each  year,  and  before  the  annual  appropria- 
tions to  be  made  b}'  the  city  council  or  the  board  of  trustees  submit 
to  the  city  council  or  board  of  trustees  a  report  of  his  estimates,  as 
nearly  as  may  be,  of  inoneys  necessary  to  defray  the  expenses  of  the 
corporation  during  the  current  fiscal  year.  He  shall,  in  said  report, 
class  the  different  objects  and  branches  of  expenditures,  giving  as 
nearly  as  may  be,  the  amount  required  for  each;  and  for  the  purpose 
of  making  such  report,  he  is  authorized  to  require  of  all  officers  their 
statement  of  the  condition  and  expenses  of  their  respective  offices  or 
departments,  with  any  proposed  improvements  and  the  probable 
expense  thereof,  all  contracts  made  and  unfinished,-  and  the  amount  of 
any  and  all  unexpended  appropriations  of  the  preceding  year.  He  shall, 
in  such  report,  show  the  aggregate  income  of  the  preceding  fiscal  year, 
from  all  sources,  the  amount  of  liabilities  outstanding  upon  which 
interest  is  to  be  paid,  the  bonds  and  debts  pa>'able  during  the  year, 
when  due  and  when  payable;  and  in  such  report  he  shall  give  such 
other  infonnation  to  the  council  or  board  of  trustees  as  he  may  deem 
necessarv,  to  the  end  that  the  citv  council  or  board  of  trustees  may 


ABSTRACT  OF  STATUTES  45 

fully  understand  the  money  exigencies  and  demands  upon  the  cor- 
poration for  the  current  year. 

139.  Council  may  define  the  duties — transfer  of  clerk's  financial 

duties.]  §  18.  When  there  shall  be  appointed  in  any  city  a  comp- 
troller, the  city  council  may,  by  ordinance  or  resolution,  confer  upon 
him  such  powers,  and  provide  for  the  performance  of  such  duties 
by  him,  as  the  city  council  shall  deem  necessary  and  proper;  and  all 
the  provisions  of  this  Act  relating  to  the  duties  of  the  city  clerk,  or 
the  powers  of  the  city  clerk  in  connection  with  the  finances,  the 
treasurer  and  collector,  or  the  receipt  and  disbursements  of  the 
moneys  of  such  city,  shall  be  exercised  and  performed  by  such  comp 
troller,  if  one  there  shall  be  appointed;  and  to  that  end  and  purjDose, 
wherever  in  this  Act  heretofore  the  word  "clerk"  is  used,  it  shall 
be  held  to  mean  "comptroller";  and  whenever  the  "clerk's  office" 
is  referred  to,  it  shall  be  held  to  mean  "comptroller's  office." 

140.  Record  of  bonds  issued  by  city.]  §  19.  The  comptroller, 
when  there  shall  be  a  comptroller,  and  if  not,  then  the  clerk,  shall 
keep  in  his  office,  in  a  book  or  books  kept  expressly  for  that  purpose, 
a  correct  list  of  all  the  outstanding  bonds  of  the  city,  showing  the 
number  and  amount  of  each,  for  and  to  whoin  the  said  bonds  are  issued ; 
and  when  any  city  bonds  arc  purchased,  or  paid,  or  canceled,  sa.id 
book  or  books  shall  show  the  fact;  and  in  his  annual  report  he  shall 
describe,  particularly,  the,  bonds  sold  during  the  year,  and  the  terms 
of  sale,  with  each  and  every  item  of  expense  thereof. 

GENERAL    PROVISIONS. 

141.  Further  duties  may  be  required.]  (Chapter  24,  Sec.  107.) 
§  20.  The  collector  and  treasurer,  and  all  other  officers  connected 
with  the  receipt  and  expenditure  of  money,  shall  perform  such  other 
duties,  and  be  subject  to  such  other  rules  and  regulations  as  the  city 
council  or  board  of  trustees  may,  from  time  to  time,  by  ordinance, 
provide  and  establish. 

142.  Appeal  to  finance  committee.]  §  21.  In  the  adjustment 
of  the  accounts  of  the  collector  or  treasurer  with  the  clerk  (or  com])- 
troller,  if  there  shall  be  one)  there  shall  be  an  appeal  to  the  finance 
committee  of  the  council  or  board  of  trustees,  whose  decision  in  all 
matters  of  controversy  arising  between  said  officers  shall  be  binding, 
unless  the  city  council  or  board  of  trustees  shall  otherwise  direct 
and  provide. 

143.  Who  may  appoint  subordinates.]  §  22.  The  comptroller 
(if  there  shall  be  one),  the  clerk,  the  treasurer  and  collector,  shall, 
severally,  appoint  such  various  clerks  and  subordinates  in  their 
respective  offices  as  the  city  council  or  board  of  trustees  may  authorize 
and  shall  be  held,  severally,  responsible  for  the  fidelity  of  all  persons 
so  appointed  by  them. 


46  ABSTRACT  OF  STATUTES 


ANNEXING    TERRITORY. 

144.  Petition  to  be  annexed—  vote  of  people — annexing.]  (Chap- 
ter 24,  Sec.  195.)  §  1.  That  on  petition,  in  writing,  signed  by  a 
majority  of  the  legal  voters,  and  by  a  majority  of  the  proj^erty  owners 
in  any  territory  contiguous  to  any  city  or  incorporated  village  or 
town,  and  not  embraced  within  its  limits,  the  city  council  or  board  of 
trustees  of  said  village,  city  or  town  (as  the  case  may  be)  shall  sub- 
mit to  a  vote  of  the  people  of  said  city,  village  or  town  (as  the  case 
may  be)  at  its  next  regular  election  or  a  special  election  to  be  called 
within  sixty  (60)  days  after  said  petition  is  presented,  the  question 
of  the  annexation  of  such  proposed  territory:  Provided,  however, 
that  where  the  said  petition  shall  be  presented  within  ninety  (90)  days 
prior  to  a  regular  election  no  special  election  shall  be  called.  In 
case  the  question  of  such  annexation  shall  receive  a  majority  of  all 
the  votes  cast  at  said  election  in  favor  thereof,  the  city  council  or 
board  of  trustees  of  said  city,  village  or  town  (as  the  case  may  be) 
shall,  within  ninety  days  thereof,  by  ordinance,  annex  such  territory 
to  such  city,  village  or  town,  upon  filing  a  copy  of  such  ordinance, 
with  an  accurate  map  of  the  territory  annexed  (duly  certified  b}^  the 
mayor  of  the  city  or  president  of  the  board  of  trustees  of  the  village 
or  town),  in  the  office  of  the  recorder  of  deeds  in  the  county  where 
the  annexed  territory  is  situated,  and  having  the  same  recorded  there- 
in: Provided,  that  no  portion  less  than  the  whole  of  an  incorpor- 
ated city,  town  or  village  shall  be  annexed  to  another  incorporated 
city,  town  or  village,  except  in  the  mode  provided  in  this  Act  for  the 
annextion  of  the  whole  of  an  incorporated  city,  town  or  village  to  an- 
other city,  town  or  village. 

145.  Annexing  one  corporation  to  another.]  §  2.  Any  incor- 
porated city,  village  or  town  may  be  annexed  to  another  incorporated 
city,  village  or  town,  by  ordinance  passed  by  a  two-thirds  vote  of 
all  the  aldemicn  or  trustees  elect  of  each  corporation  'desiring  an- 
nexation: Prozided,  such  annexation  shall  not  affect  or  impair 
any  rights  or  liabilities  either  in  favor  of  or  against  such  corporations; 
and  suits  founded  upon  such  rights  and  liabilities  may  be  commenced 
and  pending  suits  may  be  prosecuted  and  carried  to  final  judgm.ents 
and  executions,  the  same  as  if  such  annexation  had  not  taken  place. 
In  making  sucli  annexation,  the  corporations  so  uniting  m.ay,  by 
ordinance,  fix  the  terms  of  annexation,  which  shall  have  the  force 
and  effect  of  a  binding  contract:  Provided,  however,  that  no  such 
ordinance  shall  be  of  any  binding  force  or  effect  until  svibmitted 
to  a  vote  of  the  legal  voters  of  such  city,  town  or  village,  at  a  general 
election  thereof,  and  adopted  by  a  majority  of  all  voters  voting  thereon 
at  such  election,  notice  of  which  shall  be  given  at  the  sam.e  time  and 
in  the  same  manner  as  required  for  the  election  of  the  officers  of  such 
city,  town  or  village:  And,  provided,  also,  that  the  votes  shall  be 
V)}^  ballot,  which  shall  be  "for  union  ordinance,"  or  "against  tmion 


ABSTRACT  OF  STATUTES  47 


ordinance."  and  shall  be  received,  canvassed  and  returned  the  same 
as  ballots  for  municipal  officers  of  such  city,  town  or  village. 

146.  Proceedings  by  corporation  to  annex  territory.]  §  3.  When 
any  incorporated  city,  village  or  town  shall  desire  to  annex  any 
contiguous  territory  thereto,  and  the  same  shall  not  have  been  peti- 
tioned for  as  provided  in  section  one  of  this  article,  it  shall  be  lawful 
for  the  city  council  or  board  of  trustees  of  such  city,  village  or  town, 
by  a  two-thirds  vote  of  all  the  aldermen  or  trustees  elect,  by  ordin- 
ance or  resolution,  to  authorize  the  mayor  of  such  city  or  the  presi- 
dent of  the  board  of  trustees  of  such  village  or  town,  to  petition  the 
circuit  court  of  the  county  in  which  the  territory  desired  to  be  an- 
nexed or  a  major  part  thereof  is  situated,  praying  such  annexation 
to  be  made.  The  petition  shall  contain  a  copy  of  such  ordinance 
or  resolution,  and  an  accurate  map  of  the  territory  which  it  is  desired 
to  annex,  showing  all  such  subdivisions  that  shall  have  been  made 
therein.  Such  petition  shall  be  filed  with  the  clerk  of  the  court  at 
least  ten  days  before  the  first  day  of  the  term  at  which  it  is  proposed 
to  be  heard :  Provided,  that  nothing  in  this  section  contained  shall 
authorize  said  petition  to  be  filed  unless  the  territory  so  sought  to 
be  annexed  (except  territory  intervening  between  a  city  and  town, 
or  two  more  cities  or  towns,  desiring  to  become  united  under  this 
Act) ,  shall  contain  an  actual  resident  population  of  at  least  one  hun- 
dred and  fifty  inhabitants  to  each  section  or  fractional  part  of  a  sec- 
tion so  sought  to  be  annexed, — which  said  fact  shall  be  alleged  in 
said  petition  and  proved  on  the  hearing  thereof,  the  same  as  any  other 
allegation  in  said  petition.     (75  111.,  152.) 

147.  Notice  of  proceedings.]  §  4.  When  it  shall  be  detennined 
to  present  such  petition,  the  mayor  or  president  of  the  board  of  trus- 
tees (as  the  case  may  be)  shall  cause  notice  of  the  time  and  place 
where  and  when  the  petition  will  be  or  has  been  filed,  and  at  what 
term  of  court  the  hearing  thereof  will  be  had,  and  setting  forth  the 
boundaries  of  a  general  description  of  the  territory  proposed  to  be 
annexed — to  be  given  by  publication  at  least  once  in  each  week  for 
two  successive  weeks,  in  some  newspaper  published  in  the  county 
where  the  petition  is  filed  or  to  be  filed  (or,  if  no  newspaper  is  published 
in  such  county,  then  in  the  nearest  newspaper  published  in '  this  state) , 
and  by  posting  up  notices  at  least  fourteen  days  before  such  time 
of  hearing,  in  at  least  three  of  the  most  public  places  in  the  territory 
proposed  to  be  annexed,  and  a  like  number  in  the  city,  village  or 
town  to  which  it  is  desired  to  annex  such  territory. 

148.  Objections  to  annexation — trial.]  §  5.  The  Icga'  voters 
resident  upon  the  territory  thus  proposed  to  be  annexed,  or  any  of 
them,  or  any  owner  of  land  therein,  or  any  voter  of  such  city,  village 
or  town,  may  appear  at  such  hearing  and  show  cause  why  such  an- 
nexation should  not  be  made;  and  the  court,  or  a  jury  impaneled 
for  that  purpose  (no  member  of  the  jury  so  impaneled  shall  be  a 


48  '  ABSTRACT  OF  STATUTES 


resident  of  the  corijoration  or  territory  to  be  annexed,  nor  of  the 
town  or  towns  in  which  said  corporation  or  territory  may  be  situated), 
shall  hear  all  competent  evidence  that  may  be  offered  by  either  party ; 
and  the  court  may  continue  the  hearing  from  time  to  time,  for  any 
cause,  and  make  all  proper  orders  in  regard  to  the  hearing,  giving  of 
notices  and  other  disposition  of  the  case. 

149.  Finding — costs,  etc.]  §  6.  If,  upon  the  hearing,  the  court 
or  the  jury  shall  find  that  such  territory  ought  to  be  annexed  to  such 
city,  village  or  town,  and  can  be  so  done  without  injustice  to  the  in- 
habitants or  persons  interested,  the  court  shall  so  order.  If  the 
court  or  jury  shall  find  against  the  petitioners,  the  petition  shall  be 
dismissed  at  the  cost  of  the  petitioners;  and  no  subsequent  petition 
shall  be  presented  for  the  annexation  of  any  of  the  territory  embraced 
in  such  petition,  within  one  year  from  the  time  of  entering  such  order: 
Provided,  that  new  trials  may  be  granted  as  in  other  jury  cases. 

150.  Proceedings  by  owner  to  be  annexed.]  §  7.  When  not 
less  than  a  majority  in  number  of  the  legal  voters  or  the  owner  or 
owners  of  any  tract  or  tracts  of  land,  contiguous  to  any  incorporated 
city,  village  or  town,  shall,  by  petition,  in  writing,  signed  by  them, 
and  filed  in  the  circuit  court  of  the  county  where  such  territory  or 
a  inajor  part  thereof  is  situated,  pray  to  be  annexed  to  such  city, 
village  or  town,  the  like  proceedings  may  be  had  thereon,  and  with 
the  like  effect,  as  in  case  of  a  petition  by  a  city,  village  or  town: 
Provided,  a  copy  of  the  notice  required  to  be  given  shall  be  left  with 
the  mayor  of  such  city,  or  president  of  such  village  or  town,  at  least 
ten  days  before  such  petition  is  heard. 

151.  Map  and  ordinance  recorded.]  §9.  When  any  territory 
is  annexed  to  any  cit}',  village  or  town,  as  provided  in  this  Act,  it 
shall  be  the  duty  of  the  mayor  of  the  city,  or  the  president  of  the 
board  of  trustees  of  the  village  or  town  (as  the  case  may  be)  to  cause 
an  accurate  map  of  such  added  territory,  together  with  the  ordin- 
ance for  the  annexation,  certified  by  such  mayor,  and  if  a  decree  or 
order  of  the  court  has  been  made  therefor,  a  copy  of  the  same,  to  be 
filed  for  record  and  recorded  in  the  recorder's  office  for  the  county 
in  which  such  added  territory  is  situated.  If  territory  is  disconnected 
or  excluded  from  any  city,  village  or  town,  a  copy  of  the  ordinance 
or  decree  therefor  shall  be  so  filed  for  record  and  recorded. 

152.  School  districts.]  §  10.  All  school  districts  and  other 
corporations  incorporated  for  school  purposes,  under  special  acts, 
of  the  legislature,  desiring  to  annex  Or  disannex  territory,  may  pro- 
ceed under  the  provisions  of  this  Act. 

153.  Judicial  notice.]  §  11.  All  courts  in  this  State  shall  take 
judicial  notice  of  cities,  towns  and  villages,  and  of  the  changes  of  their 
territory,  made  under  the  provisions  of  this  Act.    . 


ABSTRACT  OF  STATUTES  49 


DISCONNECTING   TERRITORY. 

154.  Petition.]  (Chapter  24,  Sec.  206.)  §  1.  That  whenever 
the  owners  representing  a  majority  of  the  area  of  land  of  any  terri- 
tory within  any  city  or  village,  and  being  upon  the  border  and  within 
the  boundary  thereof,  not  laid  out  into  city  or  village  lots  or  blocks, 
shall  petition  the  city  council  of  such  city,  or  the  trustees  of  such 
\411age,  praying  the  disconnection  of  such  territory  therefrom,  such 
petition  shall  be  filed  with  the  city  clerk  of  such  city,  or  the  president 
of  the  trustees  of  such  village,  accompanied  with  the  certificate  of  the 
county  clerk,  showing  that  all  city  taxes  or  assessments  due  up  to 
the  time  of  presenting  such  petition  are  fully  paid,  at  least  30  days 
before  the  meeting  of  such  city  council  or  trustees  at  which  it  is 
proposed  to  present  such  petition,  and  the  city  clerk  of  such  city,  or 
president  of  the  trustees  of  such  village,  shall  present  such  petition 
to  the  city  council  or  trustees,  as  the  case  may  be,  and  upon  such 
presentation  the  city  council  of  such  city,  or  trustees  of  such  village, 
may  in  the  discretion  of  such  city  council,  or  trustees  of  such  vil- 
lage, by  ordinance,  to  be  passed  by  a  majority  of  the  members 
elected  to  such  city  council,  or  board  of  trustees,  disconnect  the 
territory  described  in  such  petition  from  such  city  or  village:  Pro- 
vided, however,  that  the  territory  so  disconnected  shall  not  thereby 
be  exempted  from  taxation  for  the  purpose  of  paying  any  indebted- 
ness contracted  by  the  corporate  authorities  of  such  city  or  village 
while  such  territory  was  within  the  limits  thereof,  and  remaining 
unpaid,  but  the  same  shall  be  assessed  and  taxed  for  the  purpose  of 
paying  such  indebtedness  the  same  as  if  such  territory  had  not  been 
disconnected,  until  such  indebtedness  is  fully  paid. 

155.  Ordinance  recorded.]  §  2.  A  copy  of  the  ordinance  dis- 
connecting the  territory  from  any  city  or  village,  certified  by  the 
clerk  of  such  city,  or  president  of  the  trustees  of  such  village,  shall 
be  filed  for  record  and  recorded  in  the  recorder's  ofhce  of  the  county 
in  which  such  disconnected  territory  is  situated,  and  a  copy  of  such 
ordinance,  so  certified,  shall  be  filed  with  the  clrk  of  the  county  court 
of  the  county  in  which  such  disconnected  territory  is  situated. 

156.  Judicial  notice.]  §  3.  All  courts  in  this  state  shall  take 
judicial  notice  of  cities  and  villages  and  changes  made  in  their  territory 
under  this  Act. 

157.  What  Property  Act  applies.]  §  4.  This  Act  shall  apply  to 
and  affect  all  cases  where  property  has  not  been  disconnected  by 
such  city  council,  or  trustees  of  such  village,  whether  application  has 
been  made  for  disconnection  or  not. 

ANNEXATION  OF  ONE  CITY  OR  VILLAGE  TO  ANOTHER. 

158.  Law  governing.]  For  the  law  governing  the  annexation  of 
one  city  or  village,  or  a  part  of  one  city  or  village  to  another  city 


50  ABSTRACT  OF  STATLTES 


or  village,  see  Hurd's  Statues  of  1909,  Chapter  24,  page  371,  Sections 
211  to  233.  For  amendments  thereto  see  Session  Laws  of  1911,  page 
133. 

BRIDGES    AND    FERRIES. 

159.  Bridges— ferries— limits.]  (Chapter  24,  Sec.  194.)  §  1. 
That  it  shall  be  lawful  for  any  city  or  village  within  this  state  to  build, 
or  acquire  by  purchase,  lease  or  gift,  and  to  maintain  ferries  and 
bridges,  and  the  approaches  thereto,  for  each  ferry  or  bridge  within 
the  corporate  limits,  or  within  five  (5)  miles  of  the  corporate  limits  of 
such  city  or  village;  also  to  construct,  improve  and  maintain  roads 
within  five  (5)  miles  of  the  corporate  limits  of  such  city  or  village 
connecting  with  such  bridges  or  ferries  on  either  side  thereof;  also  to 
donate  money  to  aid  the  township  or  townships  in  which  such  ferry, 
bridge  or  road  connecting  with  the  same  is  situated  in  building,  con- 
structing or  improving  the  same,  and  to  issue  the  bonds  of  such  city 
or  village  for  such  purpose.  That  all  such  ferries,  bridges  and  roads 
shall  be  free  to  the  public  and  no  toll  shall  ever  be  collected  by  any 
such  city  or  village  authority:  Provided,  That  where  any  city  or 
village  has  become  or  is  the  owner  of  any  toll  bridges  or  ferries  and  is 
keeping  up  and  maintaining  the  same  by  authority  of  law,  all  owner- 
ship and  rights  vested  in  such  city  or  village  shall  continue  in  and  be 
held  and  exercised  by  them,  and  they  may  from  time  to  time  fix  the 
rates  of  toll  on  such  bridges  and  ferries. 

CEMETERIES. 

160.  Power  of  city  to  establish  cemetery.]  (Chapter  21,  Sec.  5.) 
§  1.  That  any  city,  village  or  township  in  this  State  may  establish 
and  maintain  cemeteries,  wdthin  and  without  its  corporate  limits 
and  acquire  lands  therefor,  by  condemnation  or  otherwise,  and  may 
lay  out  lots  of  convenient  size  for  families ;  and  may  sell  lots  for  family 
burying  ground,  or  to  individuals  for  burial  purposes:  Provided, 
Associations  duly  incorporated  under  the  laws  of  this  State  for  ceme- 
tery purposes  shall  have  the  same  power  and  authority  to  purchase 
lands  and  sell  lots  for  burial  purposes  as  are  conferred  upon  cities, 
villages  or  townships  under  this  Act. 

161.  Power  of  two  or  more  cities  to  establish  jointly.]  §2.  That 
any  two  or  more  cites,  villages  or  townships  in  this  State  may  jointly 
unite  in  establishing  and  maintaining  cemeteries  within  and  without 
the  corporate  limits  of  either,  and  acquire  lands  therefor  in  common, 
by  purchase,  condemnation  or  otherwise,  and  may  lay  out  lots  of 
convenient  size  for  families,  and  inay  sell  lots  for  family  burying 
ground  or  to  individuals  for  burial  purposes. 

162.  When  cemetery  may  be  removed — expense.]  (Chapter  21, 
Sec.  2.)  §  1.  That  whenever  any  cemetery  shall  be  embraced  within 
the  limits  of  any  town  or  city,  it  shall  be  lawful  for  the  corporate 


ABSTRACT  OF  STATUTES  51 


authorities  thereof,  if,  in  their  opinion,  any  good  cause  exists  why 
such  cemetery  should  be  removed,  to  cause  the  remains  of  all  persons 
interred  therein  to  be  removed  to  some  other  suitable  place:  Pro- 
vided, said  corporate  authorities  shall  have  first  obtained  the  assent 
of  the  trustees  or  other  persons  having  the  control  or  ownership  of 
said  cemetery,  or  a  majority  thereof:  And,  provided,  further,  that 
when  such  cemetery  is  owned  by  one  or  more  private  parties,  or 
private  corporation  or  chartered  society,  the  corporate  authorities 
of  such  town  or  city  may  require  the  removal  of  such  cemetery  to  be 
done  at  the  expense  of  such  private  parties,  or  private  corporation 
or  chartered  society,  if  such  removal  be  based  upon  their  application. 

CHANGE    IN    NAME. 

163.  Petition.]  (Chapter  24,  Sec.  234.)  §  1.  That  whenever 
a  petition,  signed  by  the  qualified  electors  of  any  city,  incorporated 
town  or  incorporated  village  of  this  state,  equal  in  number  to  one- 
half  of  those  who  voted  for  the  officers  therein  at  the  last  election, 
shall  be  presented  to  the  corporate  authorities  of  such  city,  town  or 
village,  praying  that  the  name  of  such  city,  town  or  village  may  be 
changed,  it  shall  be  la\^^ul  for  such  corporate  authorities  to  make 
such  change  in  the  manner  hereinafter  prescribed. 

164.  Proceedings.]  §2.  Previous  to  the  presentation  of  the  peti- 
tion in  the  preceding  section  mentioned,  the  name  proposed  to  be 
given  to  such  city,  town  or  village  shall  be  filed  in  the  office  of  the 
secretary  of  state,  to  be  there  retained  for  the  period  of  at  least 
sixty  days,  and  upon  application,  the  secretary  of  state  shall,  at  any 
time  after  the  filing  of  such  name,  grant  a  certificate,  stating  that 
such  name  has  not  been  given  to  any  other  city,  incorporated  town 
or  incorporated  village  or  municipality,  in  this  state,  if  such  be  the 
fact;  but  if  such  name  has  been  adopted  by  any  other  city,  town, 
village  or  municipality,  as  appears  from  information  in  his  office, 
the  secrtary  of  the  state  shall  so  notify  the  party  or  parties  making 
such  application,  in  which  case  another  name  shall  be  filed  in  his  office, 
which  name  shall  likewise  remain  for  the  like  period  of  sixty  days; 
and  no  petition  shall  be  acted  upon  by  said  corporate  authorities 
unless  accompanied  by  the  certificate  of  the  secretary  of  state,  set- 
ting forth  that  such  name  has  not  been  adopted  elsewhere  in  this 
state. 

165.  Duties  of  secretary  of  state.]  §  3.  The  secretary  of  state 
shall,  as  soon  as  practicable  after  the  passage  of  this  Act,  communi- 
cate with  the  clerks  of  the  several  counties  of  this  State,  and  ascertain 
the  names  of  all  the  cites,  towns,  villages  or  other  municipal  cor- 
porations therein,  and  arrange  such  names  in  alphabetical  order  for 
convenient  reference.  Such  lists  of  names  shall  be  kept  filed  in  his 
office,  and  shall  be  changed  whenever  a  change  of  name  shall  be 
effected  under  the  provisions  of  this  Act. 


52 ABSTRACT  OF  STATUTES 

166.  Time  of  hearing  to  be  fixed — notice.]  §  4.  At  any  meeting 
of  the  corporate  authorities  of  any  city,  incorporated  town  or  incor- 
porated village,  after  the  presentation  of  the  petition  herein  provided, 
such  corporate  authorities  shall  fix  the  time  when  such  petition  shall 
be  considered,  and  order  notice  of  the  presentation  thereof  to  be  given 
by  publishing  such  notice  for  three  successive  weeks  in  some  news- 
paper having  a  general  circulation  in  such  city,  town  or  village. 
Such  notice  shall  state  that  a  change  of  the  name  of  such  city,  town 
or  village  has  been  prayed  for,  and  the  time  when  action  on  said 
petition  will  be  had,  at  which  time  remonstrances,  if  any,  will  be  heard. 

167.  Hearing  petition  and  remonstrances.]  §  5.  At  the  time 
fixed  in  the  notice  provided  for  in  the  preceding  section,  or  if,  from 
any  cause,  action  thereon  is  not  taken,  such  petition  praying  for  a 
change  of  name  shall  be,  with  all  remonstrances,  heard  at  any  sub- 
sequent meeting  of  the  corporate  authorities  of  any  such  city,  town 
or  village;  and  if  said  corporate  authorities  are  satisfied  that  such 
change  of  name  is  necessary  and  proper,  they  shall  thereupon  make 
an  order  changing  the  name  of  such  city,  town  or  village,  and  adopting 
the  name  prayed  for  in  such  petition. 

168.  Order  filed  with  secretary  of  state — notice.]  §  6.  If  said 
change  of  name  is  made,  said  corporate  authorities  shall  cause  a  copy 
of  the  order  making  such  change  to  be  filed  in  the  office  of  the  secre- 
tary of  state,  who  shall  thereupon  make  known  the  fact  of  such  change, 
by  publication  in  some  newspaper  of  the  county  in  which  such  city, 
town  or  village  is  situated,  and  also  in  some  newspaper  in  the  city  of 
Chicago;  and  all  the  courts  of  this  state  shall  take  judicial  notice 
of  the  change  thus  made. 

169.  Rights  saved.]  §  7.  Nothing  in  this  Act  contained  shall 
affect  the  rights  or  privileges  of  such  city,  town  or  village,  or  those  of 
any  person,  as  the  same  existed  before  such  change  of  name.  And  all 
proceedings  pending  in  any  court  or  place  in  favor  of  or  against  said 
city,  town  or  village,  may  be  continued  to  final  consummation  under 
the  name  in  which  the  same  was  commenced. 

170.  When  change  void.]  §  8.  If  the  name  of  any  such  city, 
town  or  village  shall  be  changed  contrary  to  or  without  complying 
with  the  provisions  of  this  Act,  such  change  shall  be  void  and  held 
for  naught  in  any  court  of  competent  jurisdiction  in  this  state :  Pro- 
vided, however,  that  all  proceedings  instituted  or  acts  done  under  such 
name  as  changed  shall  be  valid  and  binding  if  the  same  would  have 
been  valid  and  binding  if  done  under  the  old  name. 

All  proceedings  heretofore  instituted  or  acts  heretofore  done  by 
any  city,  town  or  village  under  the  new  name  as  changed,  if  the  change 
shall  be  declared  void,  shall  be  held  as  good  and  valid  as  if  done  and 
perfonned  under  this  Act. 

171.  Name  of  unincorporated  town,  etc.]  §  9.  When  the  plat 
of  any  unincorporated  town  or  village  shall  be  placed  upon- record 


ABSTRACT  OF  STATUTES  53 


in  any  county  of  this  State,  the  Circuit  Court  of  said  county  shall 
have  power,  at  any  regular  term  of  said  court,  to  change  the  name 
of  such  unincorporated  town  or  village,  upon  the  petition  of  a  majority 
of  the  legal  voters  residing  within  the  limits  of  such  town  or  village : 
Provided,  notice  of  the  proposed  change  of  name  shall  be  filed  in  the 
office  of  the  secrtary  of  state,  as  provided  in  section  two  of  this  Act. 

CIVIL    SERVICE. 

172.  Commissioners  appointed — oath.]  (Chapter  24,  Sec.  446.) 
§  1 .  The  mayor  of  each  city  in  this  state  which  shall  adopt  this  Act  as 
hereinafter  provided  shall,  not  less  than  forty  nor  more  than  ninety 
days  after  the  taking  effect  of  this  Act  in  such  city,  appoint  three 
persons,  who  shall  constitute  and  be  known  as  the  Civil  Service 
Commissioners  of  such  city,  one  for  three  years,  one  two  years  and 
one  for  one  year  from  the  time  of  appointment  and  until  their  respec- 
tive successors  are  appointed  and  qualified ;  and  in  every  year  there- 
after the  mayor  shall,  in  like  manner,  appoint  one  person  as  the  suc- 
cessor of  the  commissioner  whose  term  shall  expire  in  that  year  to 
serve  as  such  commissioner  for  three  years  and  until  his  successor 
is  appointed  and  qualified.  Two  commissioners  shall  constitute  a 
quorum.  All  appointments  to  said  commission,  both  original  and  to 
fill  vacancies,  shall  be  so  made  that  not  more  than  two  members 
shall,  at  the  time  of  appointment,  be  in  embers  of  the  same  political 
party.  Said  commissioners  shall  hold  no  other  lucrative  office  Or 
employment  under  the  United  States,  the  Stae  of  Illinois,  or  any 
municipal  corporation  or  political  division  thereof.  Each  commis- 
sioner, before  entering  upon  the  duties  of  his  office,  shall  take  the  oath 
prescribed  by  the  Constitution  of  this  State. 

173.  Removal  of  commissioners — vacancy.]  §  2.  The  mayor 
may,  in  his  discretion,  remove  any  commissioner  for  incompetence, 
neglect  of  duty  or  malfeasance  in  office.  The  mayor  shall  within  ten 
days  report  in  writing  any  such  removal  to  the  city  council,  with  his 
reasons  therefor.  Any  vacancy  in  the  office  of  commissioner  shall  be 
filled  by  appointment  by  the  mayor. 

174.  Classification.]  §3.  Said  commissioners  shall  classify  all 
the  offices  and  places  of  employment  in  such  city  with  reference  to  the 
examinations  hereinafter  provided  for,  except  those  offices  and  places 
mentioned  in  section  eleven  of  this  Act.  The  offices  and  places  so 
classified  by  the  commission  shall  constitute  the  classified  civil  ser- 
vice of  such  city ;  and  no  appointments  to  any  of  such  offices  or  places 
shall  be  made  except  under  and  according  to  the  rules  hereinafter 
mentioned. 

175.  Rules.]  §  4.  Said  commission  shall  make  rules  to  carry 
out  the  purposes  of  this  Act,  and  for  examinations,  appointments 
and  removals  in  accordance  with  its  provisions,  and  the  commission 
may,  from  time  to  time,  make  changes  in  tjie  original  rules. 


54  ABSTRACT  OF  STATUTES 


176.  Publication  of  rules — time  of  taking  effect.]  §  5.  All  rules 
made  as  hereinbefore  i^rovided,  and  all  changes  therein  shall  forth- 
with be  printed  for  distribution  by  said  commission ;  and  the  coinmis- 
sion  shall  give  notice  of  the  place  or  places  where  said  rules  may  be 
obtained,  by  publication  in  one  or  more  daily  newspapers,  ])ub- 
lished  in  such  city,  and  in  each  such  publication  shall  be  specified 
the  date,  not  less  than  ten  days  subsequent  to  the  date  of  such  pub- 
lication, when  said  rules  shall  go  into  operation. 

177.  Examinations.]  §  6.  All  aplHcants  for  offices  or  places 
in  said  classified  service,  except  those  mentioned  in  section  eleven, 
shall  be  subjected  to  examination,  which  shall  be  public,  competi- 
tive and  free  to  all  citizens  of  the  United  States,  with  specified  limi- 
tations as  to  residence,  age,  health,  habits  and  moral  character. 
Such  examinations  shall  be  practical  in  their  character,  and  shall 
relate  to  those  matters  which  will  fairly  test  the  relative  capacity  of 
the  persons  examined  to  discharge  the  duties  of  the  positions  to 
which  they  seek  to  be  appointed,  and  shall  include  tests  of  physi- 
cal qualifications  and  health,  and,  when  appropriate,  of  manual 
skill.  No  questions  in  any  examination  shall  relate  to  political  or 
religious  opinions  or  affiliations.  The  commission  shall  control 
all  exaininations,  and  may,  whenever  an  examination  is  to  take 
place,  designate  a  suitable  number  of  persons,  either  in  or  not  in 
the  oflficial  service  of  the  city,  to  be  examiners,  and  it  shall  be  the 
duty  of  such  examiners,  and,  if  in  the  official  service,  it  shall  be 
a  part  of  their  official  duty,  without  extra  compensation,  to  con- 
duct such  examination  as  the  cominission  inay  direct,  and  to  make 
return  or  report  thereof  to  said  commission,  and  the  commission 
mav  at  an\'  tiine  substitute  any  other  person,  whether  or  not  in 
such  ser\dce,  in  the  place  of  any  one  so  selected,  and  the  commis- 
sion may  theinselves  at  any  time  act  as  such  examiners,  and  without 
appointing  examiners.  The  examiners  at  any  examination  shall 
not  all  be  members  of  the  same  political  party. 

178.  Notice  of  examinations.]  §  7.  Notice  of  the  time  and  place 
and  general  scope  of  e^'er}'  examination  shall  be  given  by  the  com- 
mission by  publication  for  two  weeks  preceding  such  examination 
in  a  daily  newspaper  of  general  circulation  published  in  such  city, 
and  such  notice  shall  also  be  posted  by  said  commission  in  a  con- 
spicuous place  in  their  office  for  two  weeks  before  such  examination. 
Such  further  notice  of  examinations  may  be  given  as  the  commission 
shall  prescribe. 

179.  Registers.]  §  8.  From  the  returns  or  reports  of  the  exam- 
iners, or  froin  the  examinations  made  by  the  commission,  the  com- 
mission shall  prepare  a  register  for  each  grade  or  class  of  positions 
in'  the  classified  service  of  such  city  of  the  persons  whose  general 
average  standing  upon  examination  for  such  grade  or  class  is  not  less 
than  the  minimum  fixed  b\-  the  rules  of  such  commission,  and  who 


ABSTRACT  OF  STATUTES  55 


are  otherwise  eligible,  and  such  persons  shall  take  rank  upon  the 
register  as  candidates  in  the  order  of  their  relative  excellence  as 
determined  by  examination,  without  reference  to  priority  of  time 
of  examination. 

180.  Promotions.]  §  9.  The  commission  shall,  by  its  rules, 
provide  for  promotions  in  such  classified  service,  on  the  basis  of 
ascertained  merit  and  seniority  in  service  and  examination,  and  shall 
provide,  in  all  cases  where  it  is  practicable,  that  vacancies  shall 
be  filled  by  promotion.  All  examinations  for  promotion  shall  be 
competitive  ainong  such  members  of  the  next  lower  rank  as  desire 
to  submit  themselves  to  such  examination;  and  it  shall  be  the  duty 
of  the  commission  to  submit  to  the  appointing  power  the  names 
of  not  more  than  three  applicants  for  each  promotion  having  the 
highest  rating.  The  method  of  examination  and  the  rules  govern- 
ing the  same,  and  the  method  of  certifying,  shall  be  the  same  as 
provided  for  applicants  for  original  appointment. 

181.  Appointments  to  classified  service.]  §  10.  The  head  of 
the  department  or  office  in  which  a  position  classified  under  this  Act 
is  to  be  filled  shall  notify  said  commission  of  that  fact,  and  said 
commissioners  shall  certify  to  the  appointing  officer  the  name  and 
address  of  the  candidate  standing  highest  upon  the  register  for 
the  class  or  grade  to  which  said  position  belongs,  except  that,  in 
cases  of  laborers  where  a  choice  by  competition  is  impracticable, 
said  commission  may  provide  by  its  rules  that  the  selection  shall  be 
made  by  lot  from  among  those  candidates  proved  fit  by  examination. 
In  making  such  certificate  sex  shall  be  disregarded,  except  when 
some  statute,  the  rules  of  said  commission,  or  the  appointing  power 
specifies  sex.  The  appointing  officer  shall  notify  said  commis- 
sion of  each  position  to  be  filled  separately,  and  shall  fill  such  place 
b}'  the  appointment  of  the  person  certified  to  him  by  said  commis- 
sion therefor,  which  appointment  shall  be  on'  probation  for  a  period 
to  be  fixed  by  said  rules.  Said  commission  may  strike  off  names  of 
candidates  from  the  register  after  they  have  remained  thereon  more 
than  two  years.  At  or  before  the  expiration  of  the  period  of  proba- 
tion, the  head  of  the  department  or  office  in  which  a  candidate  is 
employed  may,  by  and  with  the  consent  of  said  commission,  dis- 
charge him,  upon  assigning  in  writing  his  reasons  therefor  to  said  com- 
mission. If  he  is  not  then  discharged,  his  appointment  shall  be 
deemed  complete.  To  prevent  the  stoppage  of  public  business, 
or  to  meet  extraordinary  exigencies,  the  head  of  any  department  or 
office  may,  with  the  approval  of  the  commission,  make  temporary 
appointment  to  remain  in  force  not  exceeding  sixty  days,  and  only 
until  regular  appointments  under  the  provisions  of  this  Act  can  be 
made. 

182.  Soldiers  who  are  eligible  to  have  their  names  placed  at  the 

head  of  the  list.]     §  10|.    Persons  who  were  engaged  in  the  military 


56  ABSTR \CT  OF  ST^TTTES 

or  naval  service  of  the  United  Slates  during  the  years  1861,  1862, 
1863,  1864  or  1865,  and  who  were  honorably  discharged  therefrom, 
shall  be  preferred  for  appointment  to  civil  offices,  pro\4ded 
they  are  found  to  possess  the  business  capacity  necessary  for  the 
proper  discharge  of  the  duties  of  such  office,  and  it  shall  be  the  duty 
of  the  examiner  or  commissioner  certifying  the  list  of  eligibles  who 
have  taken  the  examinations  provided  for  in  this  Act,  to  place  the 
name  or  names  of  such  persons  at  the  head  of  the  list  of  eligibles 
certified    for    appointment. 

183.  Officers  excepted  from  classified  service.]  §  11.  Officers 
who  are  elected  b>-  the  people,  or  who  are  elected  by  the  city  council 
pursuant  to  the  city  charter,  or  whose  appointment  is  subject  to 
confirmation  by  the  city  council,  judges  and  clerks  of  election,  mem- 
bers of  any  Board  of  Education,  the  superintendent  and  teachers  of 
schools,  heads  of  any  principal  department  of  the  city,  members 
of  the  law  department,  and  one  private  secretary  of  the  mayor, 
shall  not  be  included  in  such  classified  serA'ice. 

184.  Removals.]  §  12.  No  officer  or  employe  in  the  classified 
civil  service  of  any  city  who  shall  have  been  appointed  under  said 
rules  and  after  said  examination,  shall  be  removed  or  discharged 
except  for  cause,  upon  written  charges  and  after  an  opportunity 
to  be  heard  in  his  own  defense.  Such  charges  shall  be  investigated 
by  or  before  said  civil  service  commission,  or  by  or  before  some  officer 
or  board  appointed  by  said  commission,  to  conduct  such  investiga- 
tion. The  finding  and  decision  of  such  commission  or  investigating 
officer  or  board,  when  approved  by  said  commission,  shall  be  certi- 
fied to  the  appointing  officer,  and  shall  be  forthwith  enforced  by  such 
officer.  Nothing  in  this  Act  shall  limit  the  power  of  any  officer  to 
suspend  a  subordinate  for  a  reasonable  period,  not  exceeding  thirty 
days.  In  the  course  of  an  investigation  of  charges  each  member 
of  the  commission,  and  of  any  board  so  appointed  by  it,  and  any 
officer  so  appointed  shall  have  the  power  to  administer  oaths  and 
shall  have  power  to  secure  by  its  subpoena  both  the  attendance  and 
testimony  of  witnesses,  and  the  production  of  books  and  papers 
relevant  to  such  investigation.  Nothing  in  this  section  shall  be 
construed  to  require  such  charges  or  investigation  in  cases  of  labor- 
ers or  persons  having  the  custody  of  public  money,  for  the  safe  keep- 
ing of  which  another  person  has  given  bonds. 

185.  Reports  to  conimission.]  §  13.  Immediate  notice  in 
writing  shall  be  given  b\-  the  appointing  power,  to  said  commission, 
and  all  appointments,  permanent  or  temporary,  made  in  such  classi- 
fied civil  service,  and  all  transfers,  promotions,  resignations,  or 
vacancies  from  any  cause  in  such  service,  and  of  the  date  thereof; 
and  a  record  of  the  same  shall  be  kept  by  said  commission.  When 
any  office  or  place  of  employment  is  created  or  abolished,  or  the 
compensation  attached  thereto  altered,  the  officer  or  board  making 
such  change  shall  immediately  report  it  in  writing  to  said  commission. 


ABSTRACT  OF  STATUTES 57 

186.  Investigations.]  §  14.  The  commission  shall  investigate 
the  enforcement  of  this  Act  and  of  its  rules,  and  the  action  of  the 
examiners  herein  provided  for  and  the  conduct  and  action  of  the 
appointees  in  the  classified  service  in  its  city,  and  may  enquire  as  to 
the  nature,  tenure  and  compensation  of  all  offices  and  places  in  the 
public  service  thereof.  In  the  course  of  such  investigation  each 
commissioner  shall  have  power  to  administer  oaths,  and  said  com- 
mission shall  have  power  to  secure  by  its  subpoena  both  the  attend- 
ance and  testimony  of  witnesses  and  the  production  of  books  and 
papers  relevant  to  such  investigations. 

187.  Report  by  commission.]  §  15.  Said  commission  shall, 
on  or  before  the  fifteenth  day  of  January  of  each  year,  make  to  the 
mayor  for  transmission  to  the  city  council  a  report  showing  its  own 
action,  the  rules  in  force,  the  practical  effects  thereof,  and  any  sug- 
gestions it  may  approve  for  the  more  effectual  accomplishment  of 
the  purposes  of  this  Act.  The  mayor  may  require  a  report  from 
said  commission  at  any  other  time. 

188.  Chief  examiner.]  §  16.  Said  commission  shall  employ 
a  chief  examiner,  whose  duty  it  shall  be,  under  the  direction  of  the 
commission,  to  superintend  any  examination  held  in  such  city  under 
this  Act,  and  who  shall  perform  such  other  duties  as  the  commission 
shall  prescribe.  The  chief  examiner  shall  be  ex-officio  secretary 
of  said  commission,  under  the  direction  of  such  commission;  he,  as 
such  secretary,  shall  keep  the  minutes  of  its  proceedings,  preserve 
all  reports  made  to  it,  keep  a  record  of  all  examinations  held  under 
its  direction,  and  perform  such  other  duties  as  the  commission  shall 
prescribe. 

189.  Officers  to  aid — rooms.]  §  17.  All  officers  of  any  city 
which  shall  have  adopted  this  Act  shall  aid  said  commission  in  all 
proper  ways  in  carrying  out  the  provisions  of  this  Act,  and  at  any 
place  where  examinations  are  to  be  held  shall  allow  reasonable 
use  of  public  buildings  for  holding  such  examinations.  The  mayor 
of  such  city  shall  cause  suitable  rooms  to  be  provided  for  said  com- 
mission at  the  expense  of  such  city. 

190.  Salaries  and  expenses.]  §  18.  In  cities  having  a  popu- 
lation of  one  hundred  thousand  inhabitants,  or  more,  each  of  said 
commissioners  shall  receive  a  salary  of  three  thousand  dollars  a  year ; 
the  chief  examiner  shall  receive  a  salary  of  three  thousand  dollars 
a  year.  Any  person  not  at  the  time  in  the  official  service  of  the  city, 
serving  as  a  member  of  the  board  of  examiners  or  of  a  trial  board, 
shall  receive  compensation  for  every  day  actually  and  necessarily 
spent  in  the  discharge  of  his  duty  as  an  exmainer  or  a  member  of  the 
trial  board,  at  the  rate  of  five  dollars  per  day,  arid  said  commission 
may,  in  such  city,  also  incur  expenses  not  exceeding  five  thousand 
dollars  per  year,  for  clerk  hire,  printing,  stationery  and  other  inciden- 
tal matters.     In  cities  having  a  population  of  fifty-thousand  inhabit- 


58  ABSTRACT  OF  STATUTES 


anis  and  less  than  one  hundred  thousand,  such  commissioners  shall 
receive  an  annual  salary  of  one  thousand  five  hundred  dollars  each, 
the  chief  examiner  shall  receive  an  annual  salary  of  one  thousand 
five  hundred  dollars.  Any  person  not  at  the  time  in  the  official 
service  of  the  city,  serving  as  a  member  of  the  board  of  examiners, 
or  of  a  trial  board,  shall  receive  compensation  for  every  day  actually 
and  necessarily  spent  in  the  discharge  of  his  duty  as  an  examiner 
or  member  of  the  trial  board,  at  the  rate  of  three  dollars  per  day; 
and  said  commission  inay,  in  such  city,  also  incur  expenses  not 
exceeding  three  thousand  dollars  per  year,  for  clerk  hire,  ]3rinting, 
stationery,  and  other  incidental  matters.  In  cities  having  a  popu- 
lation of  twenty-five  thousand  and  less  than  fifty  thousand  inhabit- 
ants, such  commissioners  shall  receive  an  annual  salary  of  one 
thousand  dollars  each,  and  the  chief  examiner  shall  receive  an  annual 
salary  of  one  thousand  dollars.  In  cities  having  a  population  of  less 
than  twenty-five  thousand  inhabitants,  such  commissioners  shall 
receive  an  annual  salary  to  be  fixed  by  the  city  council  of  such  cities, 
not  to  exceed  five  hundred  dollars  each;  the  chief  examiner  shall  re- 
ceive an  annual  salary  to  be  fixed  by  the  city  council  of  such  cities, 
not  to  exceed  five  hundred  dollars.  In  cities  having  a  population 
of  less  than  fifty  thousand  inhabitants,  any  person,  not  at  the  time 
in  the  official  service  of  the  city,  serving  as  a  member  of  the  board 
of  examiners,  or  of  a  trial  board,  shall  receive  compensation  for  every 
day  actually  and  necessarily  spent  in  the  discharge  of  his  duty  as 
an  exaininer  or  member  of  the  trial  board,  at  the  rate  of  two  dollars 
per  day,  and  said  commission  may,  in  such  city,  also  incur  expenses 
not  exceeding  two  thousand  dollars  per  year,  for  clerk  hire,  printing, 
stationery,  and  other  incidental  matters. 

191.  Appropriations.]  §  19.  A  sufficient  sum  of  money  shall 
be  appropriated  each  year  by  each  city  which  shall  adopt  this  Act, 
to  carr\-  out  the  provisions  of  this  Act  in  such  city.  In  such  cities  as 
shall  have  already  made  the  annual  appropriation  for  municipal  pur- 
poses for  the  current  fiscal  year,  the  mayor  is  authorized  and  required 
to  pay  the  salaries  and  expenses  as  herein  provided  for  such  fiscal 
year  out  of  the  moneys  appropriated  for  contingent  purposes  by 
such  municipality,  or  out  of  any  moneys  not  otherwise  appropriated. 

192.  Frauds  prohibited.]  §  20.  No  person  or  officer  shall  will- 
fulh-  or  corruptly  by  himself  or  in  cooperation  with  one  or  more 
other  persons,  defeat,  deceive  or  obstruct  any  person  in  respect 
to  his  or  her  right  of  examination,  or  corruptly  or  falsely  mark, 
grade,  estimate  or  report  upon  the  examination  or  proi^er  standing 
of  any  person  examined  hereunder  or  aid  in  so  doing,  or  willfully 
or  corruptly  make  any  false  representation  concerning  the  same,  or 
concerning  the  person  examined,  or  willfully  or  corruptly  furnish  to 
any  person  any  special  or  secret  information  for  the  ptirpose  of  either 
improving  or  injuring  the  prospects  or  chances  of  any  person  so  ex- 
amined or  to  be  examined,  being  appointed,  employed  or  promoted. 


ABSTRACT  OF  STATUTES  59 


193.  No  officer  to  solicit  or  receive  political  contributions.]     § 

21.  No  officer  or  employe  of  such  city  shall  solicit,  orally  or  by 
letter,  or  receive  or  pay,  or  be  in  any  manner  concerned  in  soHciting, 
receiving  or  paying,  any  assessment,  subscription  or  contribution 
for  any  party  or  political  purpose  whatever. 

194.  No  person  to  solicit  political  contributions  from  officers  or 
employes.]  §  22.  No  person  shall  solicit,  orally  or  by  letter,  or 
be  in  any  manner  concerned  in  soliciting  any  assessment,  contribu- 
tion or  payment,  for  any  party  or  any  political  purpose  whatever 
from  any  officer  or  employe  in  any  department  of  the  city  govern- 
ment of  any  city  which  shall  adopt  this  Act. 

195.  Assessments  and  contributions  in  public  offices  forbidden.] 
§  23.  No  person  shall  in  any  room  or  building  occupied  for  the  dis- 
charge of  official  duties  by  any  officer  or  employe  in  any  city  which 
shall  adopt  this  Act,  solicit  orally  or  by  written  communication, 
delivered  therein,  or  in  any  other  manner,  or  receive  any  contribu- 
tion of  money  or  other  thing  of  value,  for  any  party  or  political  pur- 
pose whatever.  No  officer,  agent,  clerk  or  employe  under  the  govern- 
ment of  such  city,  who  may  have  charge  or  control  of  any  building, 
office  or  room,  occupied  for  any  purpose  of  said  government,  shall 
permit  any  person  to  enter  the  same  for  the  purpose  of  therein  solicit- 
ing or  delivering  written  solicitations  for  receiving  or  giving  notice 
of  any  political  assessments. 

196.  Payments  of  political  assessments  to  public  officers  pro- 
hibited.] §  24.  No  officer  or  employe  in  the  service  of  such  city 
shall,  directly  or  indirectly,  give  or  hand  over  to  any  officer  or  employe 
in  said  service,  or  to  any  senator  or  representative  or  alderman, 
councilman  or  commissioner,  any  money  or  other  valuable  thing,  on 
account  of  or  to  be  applied  to  the  promotion  of  any  party  or  political 
object  whatever. 

197.  Abuse  of  official  influence  prohibited.]  §  25.  No  officer  or 
employe  of  such  city  shall  discharge  or  degrade  or  promote,  or  in 
any  manner  change  the  official  rank  or  compensation  of  an}^  other 
officer  or  employe,  or  promise  or  threaten  to  do  so  for  giving  or  with- 
holding or  neglecting  to  make  any  contribution  of  money  or  other 
valuable  thing  for  any  party  or  political  purpose,  or  for  refusal  or 
neglect  to  render  any  party  or  political  service. 

198.  Payment  for  places  prohibited.]  §  26.  No  applicant  for  ap- 
pointment in  said  classified  civil  service,  either  directly  or  indirectly, 
shall  pa}'  or  promise  to  pay  any  money  or  other  valuable  thing  to 
any  person  whatever  for  or  on  account  of  his  appointment  or  proposed 
appointment,  and  no  officer  or  employe  shall  pay  or  promise  to  pay, 
either  directly  or  indirectly,  any  person  any  money  or  other  valuable 
thing  whatever  for  or  on  account  of  his  promotion. 

199.  Recommendations  in  consideration  of  political  services 
prohibited.]     §  27.     No  applicant  for  appointment  or  promotion  in 


60  ABSTRACT  OF  STATITES 


said  classified  civil  service  shall  ask  for  or  receive  a  recommendation 
or  assistance  from  any  officer  or  einploye  in  said  service,  or  of  any 
person  upon  the  consideration  of  any  ]:)olitical  service  to  be  rendered 
to  or  for  such  person,  or  for  the  ]iromotion  of  such  person  to  any  office 
or  appointment. 

200.  Abuse  of  political  influence  prohibited.]  §  28.  No  person 
while  holding  any  office  in  the  government  of  such  city,  or  in  nomin- 
ation for,  or  while  seeking  a  nomination  for,  or  appointment  to  any 
such  office,  shall  corruptly  use  or  promise  to  use,  either  directly  or  in- 
dircctl^^  any  official  authority  or  influence  (whether  then  possessed 
or  inerely  anticipated)  in  the  way  of  conferring  upon  any  person > 
or  in  order  to  sectire  or  aid  any  person  in  securing  any  office  or  public 
employment,  or  any  nomination,  confirmation,  promotion  or  increase 
of  salary  upon  the  consideration  or  condition  that  the  vote  or  political 
influence  or  action  of  the  last  named  person  or  any  other  shall  be 
given  or  used  in  behalf  of  any  candidate,  officer  or  party,  or  upon 
any  other  corrupt  condition  or  consideration. 

201.  Auditing  officer.]  §  29.  No  accounting  or  auditing  officer 
shall  allow  the  claim  of  any  public  officer  for  services  of  any  deputy 
or  other  person  employed  in  the  ptiblic  service  in  violation  of  the  i)ro- 
visions  of  this  Act. 

202.  Appointments  and  removals  to  be  certified  to  the  comp- 
troller.] §  30.  The  commission  shall  certify  to  the  comptroller  or 
other  auditing  officers,  all  appointments  to  offices  and  places  in  the 
classified  civil  service,  and  all  vacancies  occurring  therein,  whether 
by  dismissal  or  resignation  or  death,  and  all  findings  inade  or  approved 
by  the  commission  under  the  provisions  of  section  twelve  of  this 
Act,  that  a  person  shall  be  discharged  from  the  classified  civil  service. 

203.  Comptroller  to  pay  salaries  only  after  certification.]  §  31. 
No  coiTLptroller  or  no  other  auditing  officer  of  a  cit}-  which  has  adopted 
this  Act  shall  approve  the  payment  of,  or  be  in  any  manner  concerned 
in  paying  any  salary  or  wages  to  any  person  for  services  as  an  officer 
or  employe  of  such  city,  unless  such  person  is  occupying  an  office  or 
place  of  employment  according  to  the  provisions  of  law  and  is  en- 
titled to  payment  therefor. 

204.  Paymaster,  etc.,  to  pay  salaries  only  after  certification.} 
§  32.  No  paymaster,  treasurer  or  other  officer  or  agent  of  a  cit}"  which 
has  adopted  this  Act  shall  willfully  pay,  or  be  in  any  manner  concerned 
in  paying  any  person  any  salary  or  wages  for  services  as  an  officer 
or  employe  of  such  city,  unless  such  person  is  occupying  an  office 
or  place  of  employment  according  to  the  provisions  of  law  and  is 
entitled  to  payment  therefor. 

205.  Compelling  testimony  of  witnesses — production  of  books 
and  papers.]  §  33.  Any  person  who  shall  be  served  with  a  subpoena 
to  appear  and  testify,  or  to  produce  books  and  papers,  issued 
by  the   commission   or  by   any  commissioner  or  by  any  board  or 


ABSTRACT  OF  STATUTES  61 

person  acting  under  the  orders  of  the  commission  in  the  course 
of  an  investigation  conducted  either  under  the  provisions  of 
section  twelve  or  section  fourteen  of  this  Act,  and  who  shall 
refuse  or  neglect  to  appear  or  to  testify,  or  to  produce  books 
and  papers  relevant  to  said  investigation,  as  commanded  in 
such  subpoena,  shall  be  guilty  of  a  inisdemeanor,  and  shall,  on 
conviction,  be  punished  as  provided  in  section  thirty-four  of  this 
Act.  The  fees  of  witnesses  for  attendance  and  travel  shall  be 
the  same  as  the  fees  of  witnesses  before  the  circuit  courts  of  this 
state  and  shall  be  paid  from  the  appropriation  for  the  expenses  of 
the  commission.  Any  circuit  court  of  this  state  or  any  judge  thereof, 
either  in  term  time  or  vacation,  upon  application  of  any  such  com- 
missioner, or  ofhcer  or  board,  may  in  his  discretion  compel  the  at- 
tendance of  witnesses,  the  production  of  books  and  papers,  and  giving 
of  testimony  before  the  commission,  or  before  any  such  commissioner, 
investigating  board  or  officer,  by  attachment  for  contempt  or  other- 
wise in  the  same  manner  as  the  production  of  evidence  may  be  com- 
pelled before  said  court.  Every  person  who,  having  taken  an  oath 
or  made  affimiation  before  a  commissioner  or  officer  appointed  by 
the  commission  authorized  to  administer  oaths  shall  swear  or  affirm 
willfully,  corruptly  and  falsely  shall  be  guilty  of  perjury  and  upon 
conviction  shall  be  punished  accordingly. 

206.  Penalties.]  §  34.  Any  person  who  shall  willfully,  or 
through  culpable  negligence  violate  any  of  the  provision  of  this  Act 
or  any  rule  promulgated  in  accordance  with  the  provisions  thereof, 
shall  be  guilty  of  a  misdemeanor  and  shall,  on  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  fifty  dollars  and  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  for  a 
term  not  exceeding  six  months  or  both,  such  fine  and  imprisonment 
in  the  discretion  of  the  court. 

207.  Penalties — disqualification  to  hold   office.]     §  35.     If  any 

person  shall  be  convicted  under  the  next  preceding  section,  any  public 
office  or  place  of  public  employment,  which  such  person  may  hold 
shall,  by  force  of  such  conviction,  be  rendered  vacant,  and  such  per- 
son shall  be  incapable  of  holding  any  office  or  place  of  public  employ- 
ment for  the  period  of  five  years  from  the  date  of  such  conviction. 

208.  What  officers  to  prosecute.]  §  36.  Prosecutions  for  vio- 
lations of  this  Act  may  be  instituted  either  by  the  Attorney  General, 
the  State's  Attorney  for  the  county  in  which  the  offense  is  alleged  to 
have  been  committed,  or  by  the  commission,  acting  through  special 
counsel.  Such  suits  shall  be  conducted  and  controlled  by  the  prose- 
cuting officers  who  institute  them,  unless  they  request  the  aid  of  other 
prosecuting  officers. 

209.  Repeal.  §  37.  All  laws  or  parts  of  laws  which  are  incon- 
sistent with  this  Act,  or  any  of  the  provisions  thereof,  are  hereby 
repealed. 


62  ABSTRACT  OF  STATUTES 


210.  Adoption.]  §  38.  The  electors  of  any  cily  now  existing^ 
or  hereafter  existing  in  this  state,  may  adopt  and  become  entitled  to- 
the  benefit  of  this  Act,  in  the  following  manner:  Whenever  one 
thousand  of  the  legal  voters  of  such  city,  voting  at  the  last  pre- 
ceding election  shall  petition  the  judge  of  the  county  court  of  the 
county,  in  which  such  city  is  located,  to  submit  to  a  vote  of  the  elec- 
tors of  such  city  the  proposition  as  to  whether  such  city  and  the 
electors  thereof  shall  adopt  and  become  entitled  to  the  benefits  of  this 
Act,  it  shall  be  the  duty  of  such  county  court  to  submit  such  propo- 
sition accordingly  at  the  next  succeeding  general  state,  county  or 
city  election;  and  if  such  proposition  is  not  adopted  at  such  election, 
the  same  shall  in  a  like  manner  be  submitted  to  a  vote  of  the  electors 
of  such  city  by  such  county  court  upon  like  application  at  any  general 
state,  county  or  city  election  thereafter,  and  an  order  shall  be  en- 
tered of  record  in  such  county  court  submitting  such  proposition 
as  aforesaid.  If  one  thousand  shall  exceed  one-eighth  of  the  legal 
voters  of  any  such  city  voting  at  the  last  preceding  election,  then  such 
petition  or  application  need  not  be  signed  or  made  by  more  than  one- 
eighth  of  the  legal  voters  of  such  city  voting  at  the  last  preceding 
election. 

211.  Notice.]  §  39.  The  judge  of  such  county  court  shall  give 
at  least  ten  days  notice  of  the  election  at  which  such  proposition 
is  to  be  submitted  by  publishing  such  notice  in  one  or  more  newspapers 
published  within  such  city  for  at  least  five  times,  the  first  publica- 
tion to  be  at  least  ten  days  before  the  day  of  the  election ;  and  if  no- 
newspaper  is  published  in  such  city,  then  by  posting  at  least  five 
copies  of  such  notice  in  each  ward  at  least  ten  days  before  such  elec- 
tion. Such  election  shall  be  held  under  the  election  law  in  force  in 
such  city,  except  as  herein  otherwise  provided.  The  proposition 
so  to  be  voted  for  shall  appear  in  plain,  prominent  type  at  the  head 
of  every  ticket,  and  preceding  the  names  of  persons  to  be  voted  upon 
for  any  oflfice  at  such  election.  If  a  majority  of  the  votes  cast  upon 
such  proposition  shall  be  for  such  propsition,  this  Act  shall  thereby 
be  adopted  by  such  city,  and  the  mayor  shall  thereupon  issue  a  procla- 
mation declaring  this  Act  in  force  in  such  city. 

CONVEYING  REAL  ESTATE  OR  PERSONAL  PROPERTY. 

212.  May   sell   real   or  personal   estate   no   longer  necessary.] 

(Chapter  24,  Sec.  378.)  §  1.  That  any  city  or  village  incorporated 
underany  general  or  special  law  of  this  state,  which  shall  have  acquired 
or  hold  any  real  or  personal  estate  for  any  purpose  whatsoever,  is. 
hereby  authorized  and  empowered  by  ordinance  passed  by  three- 
fourths  of  the  members  of  the  city  council  of  any  such  city,  or  of  the 
board  of  trustees  of  any  such  village,  at  any  regular  or  at  any  special 
meeting  called  for  such  purpose,  to  sell  such  property  when  the 
same  shall  in  the  opinion  of  such  majority  of  such  city  council  or 
board  of  trustees,  be  no  longer  necessary,  appropriate  or  required  for 


ABSTRACT  OF  STATUTES  63 

the  use  of  such  city  or  village,  or  profitable  to,  or  its  longer  retention 
be  for  the  best  interests  of  such  city  or  village. 

213.  What  ordinance  shall  specify — notice  of  sale — opening  of 
bids,  etc.]  §  2.  Such  ordinance  shall  specify  the  location  of  such 
real  or  personal  estate,  and  the  use  thereof,  of  whatever  kind  the 
same  may  be,  and  before  any  sale  shall  be  made  under  or  by  virtue 
of  any  such  ordinance,  by  the  city  council  of  any  such  city  or  the 
board  of  trustees  of  any  such  village,  such  ordinance  and  proposal  to 
sell  shall  be  published  in  one  of  its  daily  or  weekly  papers  for  a  period 
of  not  less  than  sixty  days,  and  if  no  paper  be  published  in  such  city 
or  village,  then  it  shall  be  published  in  some  paper  of  general  circu- 
lation in  this  state  nearest  to  such  city  or  village.  Such  notice  shall 
contain  an  accurate  description  of  such  property,  the  purpose  for 
which  it  is  used,  and  at  what  meeting  the  bids  will  be  considered 
and  opened,  and  shall  advertise  for  sixty  days  for  bids  therefor.  All 
such  bids  shall  be  opened  only  at  a  regular  meeting  of  such  city  council 
or  board  of  trustees,  and  shall  be  accepted  only  upon  a  vote  of  three- 
fourths  of  the  members  of  such  city  council  or  board  of  trustees: 
Provided,  however,  that  the  city  council  or  board  of  trustees  may, 
by  a  majority  vote,  reject  any  and  all  bids. 

214.  By  whom  and  when  conveyances  to  be  made.]  Upon  any 
bid  having  been  accepted,  and  the  purchase  price  duly  paid  or  secured, 
the  mayor  and  city  clerk,  or  the  president  of  the  board  of  trustees 
and  the  clerk  of  such  board,  shall  have  the  power  to  convey  such  real 
or  personal  estate  and  transfer  the  same  to  such  party  or  parties 
whose  bids  have  been  accepted,  by  proper  deed  or  deeds  of  convey- 
ance, stating  therein  the  price  therefor,  with  the  seal  of  the  corpora- 
tion. 

CORRUPT     PRACTICES     OF     OFFICERS. 

215.  Aldermen  of  cities.]  (Chapter  102.)  §  2.  That  it  shall 
be  and  is  hereby  declared  unlawful  for  any  alderman  of  any  city,  or 
member  of  the  board  of  trustees  of  any  village  of  this  state,  during 
the  term  of  office  for  which  he  is  elected,  to  accept  or  be  appointed 
to  or  hold  any  office,  by  the  appointment  of  the  mayor  or  president 
of  the  board  of  trustees  thereof;  and  any  and  all  such  election  or  ap- 
pointment shall  be  absolutely  null  and  void. 

216.  Not  to  be  interested  in  contracts — not  to  act  as  attorney  to 
procure — bribery.]  §  3.  It  shall  not  be  lawful  for  any  person  now 
or  hereafter  holding  any  office,  either  by  election  or  appointment 
under  the  constitution  of  this  state,  to  become  in  any  manner  in- 
terested, either  directly  or  indirectly,  in  his  own  name  or  in  the  name 
of  any  other  person  or  corporation,  in  any  contract,  or  the  perform- 
ance of  any  work  in  the  making  or  letting  of  which  such  officer  may 
be  called  upon  to  act  or  vote.  And  it  shall  not  be  lawful  for  any 
such  officer  to  represent,  either  as  agent  or  otherwise,  any  person, 
company  or  corporation,  in  respect  of  any  application  or  bid  for  any 


64  ABSTRACT  OF  STATUTES 


contract  or  work  in  regard  to  which  such  officer  may  be  called  upon 
to  vote.  Nor  shall  any  such  officer  take  or  receive,  or  offer  to  take 
or  receive,  either  directly  or  indirectly,  an>'  money  or  other  thing  of 
value,  as  a  gift  or  bribe,  or  a  means  of  influencing  his  vote  or  action 
in  his  official  character ;  and  any  and  all  contracts  made  and  procured 
in  violation  hereof  shall  be  null  and  void. 

217.  Penalty.]  §  4.  Any  alderman,  member  of  a  board  of  trus- 
tees, supervisor  or  county  commissioner,  or  person  now  or  hereafter 
holding  any  office,  either  by  election  or  appointment  under  the  consti- 
tution of  this  state,  or  any  law  now  or  hereafter  in  force  in  this  state, 
who  shall  violate  any  of  the  provisions  of  the  preceding  sections, 
shall  be  deemed  guilty  of  a  misdeiTieanor,  and  on  conviction  thereof 
may  be  punished  by  confinement  in  the  pentitentiary  for  a  term 
not  less  than  one  year  nor  more  than  five  years,  or  fined  in  a  sum  not 
less  than  $200  nor  more  than  $1,000,  or  both,  in  the  discretion  of 
the  court  before  which  such  conviction  shall  be  had;  and  in  addition 
thereto,  any  office  or  official  position  held  by  any  person  or  persons 
so  convicted  shall,  by  the  fact  of  such  conviction,  become  vacant, 
and  shall  be  so  declared  as  part  of  the  judgment  of  court;  and  the 
person  or  persons  so  convicted  shall  be  disqualified  from  holding 
any  office  or  position  of  trust  and  confidence  in  this  state  for  the  per- 
iod of  two  years  from  and  after  the  date  of  such  conviction. 

218.  Bribery — punishment.]  (Chapter  38.)  §  31.  Whoever 
corruptly,  directly  or  indirectly,  gives  any  money  or  other  bribe, 
present,  reward,  promise,  contract,  obligation  or  security  for  the 
pajinent  of  any  money,  present,  reward  or  any  other  thing,  to  any 
judge,  justice  of  the  peace,  sheriff,  coroner,  clerk,  constable,  jailer, 
attorney-general,  state's  attorney,  county  attorney,  member  of  the 
General  Assembly,  or  other  other  officer,  ministerial  or  judicial,  or  to 
any  legislative,  executive  or  other  officer  of  any  incorporated  city, 
town  or  village,  or  any  officer  elected  or  appointed  by  virtue  of  an}^ 
law  of  this  state,  after  his  election  or  a])pointment,  either  before  or 
after  he  is  qualified,  with  intent  to  influence  his  act,  vote,  opinion, 
decision  or  judgment  on  any  matter,  question,  cause  or  proceeding 
which  may  be  then  pending,  or  may  by  law  come  or  be  brought  before 
him,  in  his  official  capacity,  or  to  cause  him  to  execute  any  of  the  pow- 
ers in  him  vested,  or  to  perform  any  duty  of  him  required,  with  par- 
tiality or  favor,  or  otherwise  than  is  required  by  law,  or  in  consider- 
ation that  such  officer  being  authorized  in  the  line  of  his  duty  to 
contract  for  any  advertising,  or  for  the  furnishing  of  any  labor  or 
material,  shall  directly  or  indirectly  arrange  to  receive,  or  shall  re- 
ceive, or  shall  withhold  from  the  parties  so  contracted  with,  any 
portion  of  the  contract  price,  whether  that  price  be  fixed  by  law  or 
by  agreement,  or  in  consideration  that  such  officer  hath  nominated 
or  appointed  any  person  to  any  office,  or  exercise  any  power  in  him 
vested,  or  performed  any  duty  of  him  required,  with  partialit}^  or 
favor,  or  otherwise  contrary  to  law,  the  person  so  giving,  and  the 


ABSTRACT  OF  STATUTES  65 

officer  so  receiving  any  money,  bribe,  present,  reward,  promise,  con- 
tract, obligation  or  security,  with  intent  or  for  the  purpose  or  consid- 
eration aforesaid,  shall  be  deemed  guilty  of  bribery,  and  shall  be 
punished  by  confinement  in  the  penitentiary  for  a  term  not  less  than 
one  year  nor  more  than  five  years. 

219.  Offering  to  give  or  receive.]  §  32.  Every  person  who 
shall  offer  or  attempt  to  bribe  any  member  of  the  General  Assem- 
bly, judge,  justice  of  the  peace,  sheriff,  coroner,  clerk,  constable, 
jailer,  attorney  general,  state's  attorney  or  other  officer,  ministerial 
or  judicial,  or  any  legislative,  executive  or  other  officer  of  any  in- 
corporated city,  town  or  village,  or  any  officer  elected  or  appointed 
by  virtue  of  any  law  of  this  state,  in  any  of  the  cases  mentioned  in 
the  preceding  section,  and  every  such  officer  who  shall  propose  or 
agree  to  receive  a  bribe  in  any  of  such  cases,  shall  be  fined  not  ex- 
ceeding $5,000. 

220.  Embezzlement.]  (Chapter  38.)  §  80.  If  any  state, 
county,  township,  city,  town,  village  or  other  officer  elected  or  ap- 
pointed under  the  constitution  or  laws  of  this  state,  or  any  clerk, 
agent,  servant  or  employe  of  any  such  officer,  embezzles  or  fraudu- 
lently converts  to  his  own  use,  or  fraudulently  takes  or  secretes,  with 
intent  so  to  do,  any  money,  bonds,  mortgages,  coupons,  bank  bills, 
notes,  warrants,  orders,  funds  or  securities,  books  of  record,  or  of 
accounts  or  other  property  belonging  to,  or  in  the  possession  of  the 
state  or  such  county,  township,  city,  town  or  village,  or  in  the  pos- 
session of  such  officer  by  virtue  of  his  office,  he  shall  be  imprisoned 
in  the  penitentiary  not  less  than  one  nor  more  than  fifteen  years. 

221.  Misconduct  of  officers — malfeasance.]  (Chapter  38.)  §  208 
Every  person  holding  any  public  office  (whether  state,  county,  or 
municipal),  trust  or  employment,  who  shall  be  guilty  of  any  palpable 
omission  of  duty,  or  who  shall  be  guilty  of  diverting  any  public 
money  from  the  use  or  purpose  for  which  it  may  have  been  appro- 
priated or  set  apart  by  or  under  authority  of  law,  or  who  shall  be 
guilty  of  contracting,  directly  or  indirectly,  for  the  expenditure  of  a 
greater  sum  or  ainount  of  money  than  may  have  been,  at  the  time 
of  making  the  contracts,  appropriated  or  set  apart  by  law,  or  author- 
ized by  law  to  be  contracted  for  or  expended  upon  the  subject  mat- 
ter of  the  contracts,  or  who  shall  be  guilty  of  willful  and  corrupt 
oppression,  malfeasance  or  partiality,  where  no  special  provision 
shall  have  been  made  for  the  punishment  thereof,  shall  be  fined  not 
exceeding  $10,000,  and  may  be  removed  from  his  office,  trust  or 
employment.     (86  App.,  174.) 

222.  Intoxication  of  officers,  etc.]  §  209.  That  any  officer 
of  a  town,  village,  city,  county  or  state,  who  shall  be  intoxicated 
while  in  discharge  of  the  duties  of  his  office,  shall  be  fined  for  the 
first  offense  the  sum  of  $10,  and  for  the  second  offense  the  sum  of 
$20,  and  for  the  third  offense  shall  be  guilty  of  a  misdemeanor,  and 


66  ABSTRACT  OF  STATUTES 

on  conviction  of  such  misdemeanor,  shall  forfeit  his  office;  and  in 
such  case  the  vacancy  occasioned  thereby  shall  be  filled  in  the  same 
manner  as  if  such  officer  had  filed  his  resignation  in  the  proper  office, 
and  it  had  been  accepted  by  the  proper  officer:  Provided,  such  ac- 
ceptance shall  have  been  necessary  to  make  the  office  vacant.  The 
penalties  for  the  first  and  second  offense  given  by  this  section,  may 
be  recovered  in  an  action  of  debt,  in  the  name  of  the  People  of  the 
State  of  Illinois,  before  any  justice  of  the  peace  of  the  proper  county, 
and  when  collected  shall  be  paid  to  the  county  superintendent 
where  such  ofifense  shall  have  been  committed,  for  the  use  of  the 
school   fund. 

223.  Furnishing  liquor  to  prisoners.]  §  210.  Every  person 
who  procures  for,  furnishes  or  conveys  to  any  prisoner  confined 
in  any  jail  or  city  prison,  intoxicating  or  spirituous  liquors,  shall, 
upon  conviction  thereof,  for  each  offense,  be  fined  not  exceeding 
$50,  or  imprisoned  in  the  county  jail  not  exceeding  thirty  days,  or 
both,  in  the  discretion  of  the  court,  which  fine  may  be  recovered  in 
an  action  of  debt,  in  the  name  of  the  People  of  the  State  of  Illinois, 
before  any  justice  of  the  peace  of  the  county  where  said  ofifense  shall 
have  been  committed.  All  fines  collected  under  the  provisions  of 
this  section  shall  be  paid  into  the  common  school  fund  of  the  proper 
county. 

224.  Extortion.]  §211.  If  any  judge,  justice  of  the  peace,  sheriff, 
coroner,  constable,  police  officer,  clerk  or  other  officer,  state,  county, 
town  or  municipal,  executive,  ministerial  or  judicial,  shall  willfully  or 
corruptly  receive  or  take  any  fee  or  reward  to  execute  or  do  his  duty 
as  such  officer,  except  such  as  is  or  shall  be  allowed  by  law,  or  if  any 
such  officer  shall  willfully  or  corruptly  ask  or  demand  as  a  condition 
precedent  to  the  performance  of  his  duty  as  such  officer  any  fee 
or  reward,  except  such  as  shall  be  allowed  by  law,  every  such  officer 
so  offending  shall  be  fined  not  exceeding  $200,  and  may  be  removed 
from  office. 

225.  Shaving  warrants,  etc.]  §  212.  If  any  collector  of  taxes, 
county  treasurer,  or  other  person  authorized  to  collect,  receive 
or  pay  out  any  of  the  state,  county,  city  or  school  revenues,  shall 
directly  or  indirectly,  by  himself  or  his  agent  take,  buy,  shave, 
discount  or  receive  any  auditor's  warrant,  coiinty  order;  or  jury 
certificate  or  city  or  school  order  at  less  than  the  full  sum  due 
thereon,  or  shall  directly  or  indirectly  receive  any  profit  or  advan- 
tage on  account  of  any  other  person's  buying,  shaving  or  discount- 
ing any  such  warrant,  order  or  jury  certificate,  such  collector,  treasurer 
or  other  person  shall  be  liable  in  double  the  amount  made  thereb}^ 
to  be  recovered  in  an  action  of  debt  before  any  court  of  competent 
jurisdiction,  one-half  to  the  person  complaining,  and  the  other  half 
to  the  school  fund  of  the  county  where  such  collector,  treasurer  or 
other  person  may  reside. 


ABSTRACT  OF  STATUTES 


67 


226.  Penalty   for    taking    illegal    fees.]     §  213.     If    any    officer 

authorized  by  law  to  charge  or  receive  fees,  salary  or  pay,  shall 
charge,  claim,  demand,  or  take  any  greater  fee,  salary  or  pay,  than 
such  as  is  by  law  allowed  to  him  for  the  service  performed,  or  shall 
charge,  claim,  demand  or  take  any  fee,  salary  or  pay,  or  shall  know- 
ingly charge  any  fee,  salary  or  pay,  when  no  fee,  salary  or  pay  is 
allowed  him  by  law,  or  when  the  services  for  which  such  fee,  salary 
or  pay  is  charged,  have  not  been  performed  by  him,  or  by  some 
other  person  for  him,  he  shall,  on  conviction  under  this  section,  for 
the  first  offense,  be  fined  in  any  sum  not  less  than  twenty-five  dollars 
($25),  nor  more  than  two  hundred  dollars  ($200),  and  upon  con- 
viction for  a  second  or  any  subsequent  offense  under  this  section, 
he  shall  forfeit  his  office  and  shall  be  confined  in  the  county  jail  not 
less  than  thirty  days  nor  more  than  one  year.     (77  111.,  596.) 

227.  Illegal  fees — remedy.]  §214.  Any  officer  who  violates  the 
provisions  of  the  preceding  section  shall,  in  addition  to  the  penalty 
therein  provided,  be  fined  for  each  item  so  charged,  collected  or  re- 
ceived, not  less  than  $10,  nor  more  than  $100,  to  be  sued  for  and 
recovered  before  any  justice  of  the  peace  of  the  proper  county,  in 
action  of  debt,  in  the  name  of  the  People  of  the  State  of  Illinois,  and 
for  the  use  of  the  person  against  whom  such  fee  is  charged,  or  from 
whom  the  same  is  received  or  collected. 

228.  Withholding  funds.]  §  215.  If  any  state,  county,  town, 
municipal  or  other  officer  or  person,  who  now  is  or  hereafter  may 
be  authorized  by  law  to  collect,  receive,  safely  keep  or  disburse  any 
money,  revenue,  bonds,  mortgages,  coupons,  bank  bills,  notes, 
warrants  or  dues,  or  other  funds  or  securities  belonging  to  the  state, 
or  any  county,  township,  incorporated  city,  town  or  village,  or  any 
state  institution,  or  any  canal,  turnpike,  railroad,  school  or  college 
fund,  or  the  fund  of  any  public  improvement  that  now  is  or  may 
hereafter  be  authorized  by  law  to  be  made,  or  any  other  fund  now 
in  being  or  that  may  hereafter  be  established  by  law  for  public  pur- 
poses or  belonging  to  any  insurance  or  other  company  or  person, 
required  or  authorized  by  law  to  be  placed  in  the  keeping  of  any  such 
officer  or  person,  shall  fail  or  refuse  to  pay  or  deliver  over  the  same 
when  required  by  law,  or  demand  is  made  by  his  successor  in  office 
or  trust,  or  the  officer  or  person  to  whom  the  same  should  be  paid 
or  delivered  over,  or  his  agent  or  attorney,  authorized  in  writing, 
he  shall  be  imprisoned  in  the  pentitentiary  not  less  than  one  nor 
more  than  ten  years:  Provided,  such  demand  need  not  be  made 
when,  from  the  absence  or  fault  of  the  offender,  the  same  cannot 
conveniently  be  made:  And,  provided,  that  no  person  shall  be  com- 
mitted to  the  penitentiary  under  this  section,  unless  the  money  not 
paid  over  shall  amount  to  $100,  or  if  it  appear  that  such  failure  or 
refusal  is  occasioned  by  unavoidable  loss  or  accident.  Every  person 
convicted  under  the  provisions  of  this  section  shall  forever  thereafter 


68 ABSTRACT  OF  STATUTES 

be  ineligible  and  disqualified  from  holding  any  office  of  honor  or 
profit  in  this  state. 

229.  Withholding  records,  etc.,  from  successors.]  §  216.  If 
any  person  whose  office  shall  be  abolished  by  law,  vacated  or 
determined  by  removal  from  office,  resignation,  death,  expiration  of 
the  time  for  which  he  was  elected  or  appointed,  or  other  cause,  or  his 
executors,  administrators  or  other  persons,  shall  willfulh'  and  unlaw- 
fully withhold  or  detain  from  his  successor  or  other  person  entitled 
thereto  by  law,  the  records,  papers,  documents  or  other  writings, 
or  other  articles  of  property  appertaining  or  belonging  to  such 
office,  or  mvitilate,  destroy  or  take  away  the  same,  the  person  so 
offending  shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  five  years. 

DAMAGES    BY    MOBS. 

230.  City  liable  for  three-fourths  damages.]  (Chapter  38.  Sec. 
256  a).  §  1.  That  whenever  any  building  or  other  real  or  personal 
property,  except  property  in  transit,  shall  be  destroyed  or  injured 
in  consequence  of  any  mob  or  riot  composed  of  twelve  or  more  per- 
sons, the  city,  or  if  not  in  city,  then  the  county  in  which  such  property 
was  destroyed,  shall  be  liable  to  an  action  by  or  in  behalf  of  the 
party  whose  property  was  thus  destroyed  or  injured  for  three- 
fourths  of  the  damages  sustained  by  reason  thereof. 

231.  Action,  how  brought — judgment.]  §  2.  Such  action  may 
be  brought  in  the  fonn  of  an  action  on  the  case,  or  other  appropriate 
action,  and  whenever  any  final  judgment  shall  be  secured  against 
any  such  city  or  county  in  any  such  action,  the  same  shall  be  paid 
in  due  course  as  in  cases  of  other  judgments. 

232.  When  entitled  to  recover.]  §  3.  No  person  or  incorpor- 
ation shall  be  entitled  to  recover  in  any  such  action  if  it  shall  appear 
on  the  trial  thereof  that  such  destruction  or  injury  of  property  was 
occasioned,  or  in  any  way  aided,  sanctioned  or  permitted  by  the 
carelessness,  neglect  or  wrongful  act  of  such  person  or  corporation; 
nor  shall  any  person  or  corporation  be  entitled  to  recover  any  dam- 
ages for  any  destruction  or  injury  of  property  as  aforesaid,  \mless 
such  party  shall  have  used  all  reasonable  diligence  to  prevent  such 
damage. 

233.  Action  by  party  against  persons  engaged  in  riot — lien  of 
city,  etc.]  §  4.  Nothing  in  this  Act  shall  be  construed  to  prevent 
any  person  or  corporation  whose  property  has  been  injured  or  des- 
troyed in  consequence  of  any  mob  or  riot  from  having  or  maintain- 
ing an  action  or  actions  against  any  person  or  persons,  engaged  or  in 
any  manner  participating  in  such  mob  or  riot,  for  the  recovery  of 
the  damages  sustained  thereby:  Provided,  that  when  such  city  or 
county  shall  have  paid  any  part  of  such  damages,  such  city  or  county 
making  such  payment  shall  have  a  lien  to  the  amoimt  so  paid  upon 


ABSTRACT  OF  STATUTES  69 


any  judgment  or  claim,  against  any  person  or  persons  engaged  in, 
or  in  any  manner  participating  in  such  mob  or  riot,  together  with 
the  right  and  power  to  enforce  and  collect  such  judgment  or  claim, 
and  when  such  city  or  county  shall  have  been  reimbursed,  the  money 
so  paid  by  it,  such  portion  of  such  judgment  or  judgments,  or  claim, 
or  claims  remaining  unpaid  shall  then  revert  to,  and  become  the  pro- 
perty of,  the  original  owner  thereof,  and  such  owner  shall  have  the 
right  to  enforce  and  collect  the  same. 

234.  Action  by  city  or  county  against  persons  engaged  in  riot.] 

§  5.  It  shall  be  lawful  for  the  city  or  county  against  which  a  judg- 
ment or  judgments  for  damages  shall  be  recovered  under  the  pro- 
visions of  this  Act,  to  bring  an  action  or  actions  against  any  person  or 
persons  engaged  or  in  any  manner  participating  in  said  mob  or  riot, 
for  the  recovery  of  the  amount  of  said  judgment  or  judgments  and 
costs,  and  such  action  shall  not  abate  or  fail  by  reasons  of  too  many 
or  too  few  parties  defendant  being  named  therein;  the  same  shall  to 
all  intents  and  purposes  be  treated  as  an  action  of  trespass  brought  by 
the  owners  of  stich  property,  except  that  the  statute  of  limitations 
as  to  such  action  shall  not  begin  to  run  against  said  city  or  county 
until  its  liability  is  fixed  by  judgment  as  hereinbefore  provided. 

235.  Notice  of  claim  of  damages — when  action  shall  be  brought.] 

§  6.  No  action  shall  be  maintained  under  the  provisions  of  this 
Act,  by  any  person  or  corporation  whose  property  shall  have  been 
destroyed  or  injured  as  aforesaid,  unless  notice  of  claim  for  damages 
be  presented  to  such  city  or  county  within  thirty  days  after  such  loss 
or  damage  occurs,  and  such  action  shall  be  brought  within  twelve 
months  after  such  destruction  or  injury  occurs,  but  nothing  in  this 
Act  shall  be  construed  as  authorizing  any  recovery  by  the  United 
States,  the  State  of  Illinois,  or  any  county,  for  the  destruction  of 
or  injury  to  property  by  mobs  or  riots. 

236.  When  city  or  county  settles  claim.]  §  7.  Any  city  or 
county  may  settle  with,  and  pay,  the  owner  of  any  such  property 
the  damages  so  sustained;  and  any  such  city  or  county  which  shall 
have  paid  any  sum  under  the  provisions  of  this  Act,  whether  by 
voluntary  settlement  or  otherwise,  may  recover  the  same  with  all 
costs  paid  by  it  from  any  or  all  the  persons  engaged  in  the  destruction 
or  injury  of  the  property  so  paid  for. 

237.  Limitation  on  Suits.]  (Chapter  70,  Sec.  6.)  §  1.  No  suit  or 
action  at  law  shall  be  brought  or  commenced  in  any  cotu-t  within  this 
state  for  damages  against  any  incorporated  city,  village  or  town 
by  any  person  for  an  injury  to  his  person  unless  such  suit  or  action 
be  commenced  within  one  year  from  the  time  such  injury  was  received 
or  the  cause  of  action  accrued. 

238.  Notice  to  be  given.]  Sec.  2.  Any  person  who  is  about  to 
bring  any  action  or  suit  at  law  in  any  court  against  any  incorporated 


70  ■  ABSTRACT  OF  STATUTES 


city,  village  or  town  for  damages  on  account  of  any  personal  injury 
shall,  within  six  months  from  the  date  of  injury,  or  when  the  cause 
of  action  accrued,  cither  by  himself,  agent  or  attorney,  file  in  the 
office  of  the  city  attorney  (if  there  is  a  city  attorney,  and  also  in  the 
office  of  the  city  clerk)  a  statement  in  writing,  signed  by  such  per- 
son, his  agent  or  attorney,  giving  the  name  of  the  person  to  whom 
such  cause  of  action  has  accrued,  the  name  and  residence  of  the 
person  injured,  the  date  and  about  the  hour  of  the  accident,  the  place 
or  location  where  such  accident  occurred,  and  the  name  and  address 
of  the  attending  physician,  if  any. 

239.  Effect  of  failure  to  file  notice.]  §  3.  If  the  notice  provided 
for  by  section  two  of  this  Act  shall  not  be  filed  as  provided  in  said 
section  two,  then  any  such  suit  brought  against  any  such  city  shall 
be  dismissed  and  the  person  to  whom  any  such  cause  of  action  accrued 
for  any  personal  injury  shall  be  forever  barred  from  further  suing. 

DRAM    SHOPS. 

240.  How  license  may  be  granted.]  (Chapter  43,  Sec.  3.)  §  1. 
That  hereafter  it  shall  not  be  lawful  for  the  corporate  authorities 
of  any  city,  town  or  village  in  this  state  to  grant  a  license  for  the  keep- 
ing of  a  dram  shop,  except  upon  the  payment,  in  advance,  into  the 
treasury  of  the  city,  town  or  village  granting  the  license,  such  sum 
as  may  be  determined  by  the  respective  authorities  of  such  city, 
town  or  village,  not  less  than  at  the  rate  of  five  hundred  dollars  ($500) 
per  annum:  Provided,  that  in  all  cases  when  a  license  for  the  sale 
of  malt  liquors  only  is  granted,  the  city,  town  or  village  granting  such 
license,  may  grant  the  saine  on  the  payment,  in  advance,  of  the  sum 
of  not  less  than  at  the  rate  of  one  hundred  and  fifty  dollars  ($150) 
per  annum:  And,  provided,  further,  that  the  city  councils  in  cities, 
the  board  of  trustees  in  towns,  and  president  and  board  of  trustees 
in  villages,  may  grant  permits  to  phannacists  for  the  sale  of  liquors 
for  medicinal,  mechanical,  sacramental  and  chemical  purposes  only, 
under  such  restrictions  and  regulations  as  may  be  provided  by  ordi- 
nance.    (186  111.,  162.) 

241.  Bond — how  taken — suit  on.]  §  5.  No  person  shall  be 
licensed  to  keep  a  dram  shop,  or  to  sell  intoxicating  liquors,  by  any 
county  board,  or  the  authorities  of  any  city,  town  or  village,  unless 
he  shall  first  give  bond  in  the  penal  sum  of  $3,000,  payable  to  the 
People  of  the  State  of  Illinois,  with  at  least  two  good  and  sufficient 
sureties,  freeholders  of  the  county  in  which  the  license  is  to  be  granted, 
to  be  approved  by  the  officer  who  inay  be  authorized  to  issue  the 
license,  conditioned  that  he  will  pay  to  all  persons  all  damages  that 
they  may  sustain,  either  in  person  or  property,  or  means  of  support 
by  reason  of  the  person  so  obtaining  the  license  selling  or  giving 
away  intoxicating  liquors.  The  officer  taking  such  bond  may  ex- 
amine any  person  offered  as  security  upon  any  such  bond,  under 


ADSTRACT  OF  STATUTES  71 

oath,  and  require  him  to  subscribe  and  swear  to  his  statement  in 
regard  to  his  pecuniary  abihty  to  become  such  security.  Any 
bond  taken  pursuant  to  this  section  may  be  sued  upon  for  the  use 
of  any  person,  or  his  legal  representatives,  who  may  be  injured  by 
reason  of  the  selling  or  giving  away  any  intoxicating  liquor  by  the 
person  so  licensed,  or  by  his  agent  or  servant. 

242.  Prohibited  within  one  and  one-eighth  miles  of  Soldiers' 
Home.]  (Chapter  43,  Sec.  21.)  §  1.  That  it  shall  hereafter  be  un- 
lawful to  sell,  distribute  or  give  away  any  intoxicating  liquors  within 
one  and  one-eighth  miles  of  the  boundary  of  any  lands  owned  and 
used  as  a  home  by  the  national  home  for  disabled  volunteer  soldiers 
in  this  state:  Provided,  This  section  does  not  affect  the  sale,  distribu- 
tion or  gift  of  such  intoxicating  liquors  within  the  boundary  of  the 
grounds  of  such  home. 

243.  Penalty  for  violating  Act.]  §  2.  Any  person,  by  himself, 
agent  or  employe,  violating  the  provisions  of  the  foregoing  section 
of  this  Act,  shall,  upon  conviction  thereof,  be  punished  by  being  fined 
in  any  sum  not  exceeding  two  hundred  dollars,  or  shall  be  imprisoned 
in  the  county  jail  not  inore  than  six  months,  or  by  the  infliction  of  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court,  for  each 
and  every  offense. 

POREIGN    FIRE     INSURANCE     COMPANIES TAX     ON FOR    BENEFIT     OF 

FIRE    DEPARTMENT. 

244.  Foreign  insurance  companies  to  pay  tax.]  (Chapter  24,  Sec. 
420.)  All  corporations,  companies  and  associations  not  incorporated 
under  the  law  of  this  state,  and  which  are  engaged  in  any  city,  town 
or  village  organized  under  any  general  or  special  law  of  this  state, 
in  effecting  fire  insurance  shall  pay  to  the  treasurer  of  the  city,  town 
or  village  for  the  maintenance,  use  and  benefit  of  the  fire  depart- 
ment thereof,  a  sum  not  exceeding  two  per  cent  of  the  gross  receipts 
received  by  their  agency  in  such  city,  town  or  village ;  and  any  city, 
town  or  village  of  less  than  fifty  thousand  inhabitants,  having  an 
.organized  fire  department,  shall  cause  to  be  passed  an  ordinance  pro- 
viding for  the  election  of  officers  of  such  organized  fire  department, 
by  the  department,  which  shall  include  a  treasurer,  and  make  all  such 
rules  and  regulations  in  respect  thereof  and  the  management  of  said 
fund  as  inay  be  needful;  that  in  all  such  cities,  towns  or  villages  the 
treasurer  shall  pay  such  sum  received  from  insurance  companies  to 
the  treasurer  of  the  fire  department  of  the  city,  town  or  village  in 
which  it  is  collected.  The  treasurer  of  such  fire  department  shall 
give  a  sufficient  bond  to  the  city,  town  or  village  in  which  such  fire 
department  is  organized,  to  be  approved  by  the  president  of  the 
village,  or  mayor,  as  the  case  may  be,  conditioned  for  the  faithful 
performance  of  his  duties  under  the  ordinances  passed  aforesaid  by 
said  city,  town  or  village,  and  the  treasurer  of  the  fire  department 


72  ABSTRACT  OF  STATUTES 


shall  receive  the  money  so  collected  and  shall  pay  out  the  same  upon 
the  order  of  the  said  fire  department  for  the  ]3urposes  of  the  mainten- 
ance, use  and  benefit  of  such  department:  Provided,  that  in  any  city, 
town  or  villaj];c  where  a  fireman's  pension  fund  is  or  may  be  estab- 
lished under  other  laws  of  this  state  fifty  per  cent  of  the  amount  so 
collected  shall  be  set  apart  and  appropriated  by  the  city,  town  or 
village  to  the  fund  for  the  pensioning  of  disabled  and  superannuated 
members  of  the  fire  department,  and  of  the  widows  and  orphans  of 
deceased  members  of  the  fire  department  of  cities,  towns  and  villages 
having  an  organized  fire  department.  Cities,  towns  and  villages 
are  hereby  empowered  to  prescribe  by  ordinance  the  amount  of  tax 
or  license  fee  to  be  fixed,  not  in  excess  of  the  above  rate,  and  at  that 
rate  such  corporations,  companies  and  associations  shall  pay  upon 
the  amount  of  all  premiums  which,  during  the  year  ending  on  every 
first  day  of  July,  shall  have  been  received  for  any  insurance  effected 
or  agreed  to  be  effected  in  the  city,  town  or  village,  by  or  with  such 
corporation,  companies  or  association  respectively.  Every  person 
who  shall  act  in  any  city,  town  or  village  as  agent  or  otherwise,  for  or 
on  behalf  of  such  corporation,  company  or  association  shall,  on  or 
before  the  fifteenth  day  of  July,  of  each  and  every  year,  render  to  the 
city,  town  or  village  clerk  a  full,  true  and  just  account,  verified  by 
his  oath,  of  all  the  premiums  which,  during  the  year  ending  on  every 
first  day  of  July  preceding  such  report,  shall  have  been  received  by 
him,  or  any  other  person  for  him,  in  behalf  of  any  such  corporation, 
company  or  association,  and  shall  specify  in  said  report  the  amounts 
received  for  fire  insurance.  Such  agent  shall  also  pay  to  the  treasurer  of 
such  city,  town  or  village,  at  the  time  of  rendering  the  aforesaid  re- 
port, the  amount  of  rates  fixed  by  the  ordinance  of  the  said  cities, 
towns  or  villages,  for  which  the  companies,  corporations  or  associa- 
tions represented  by  them  are  severally  chargeable  by  virtue  of  this 
Act,  and  the  ordinance  passed  in  pursuance  thereof.  If  such  account 
be  not  rendered  on  or  before  the  day  herein  designated  for  that  pur- 
pose, or  if  the  said  rates  shall  remain  unpaid  after  that  day,  it  shall  be 
unlawful  for  any  corporation,  company  or  association  so  in  default 
to  transact  any  business  or  insurance  in  any  such  city,  town  or 
village  until  the  said  requisition  shall  have  been  fully  complied  with ; 
but  this  provision  shall  not  relieve  any  company,  corporation  or  asso- 
ciation from  the  payment  of  any  risk  that  may  be  taken  in  violation 
hereof. 

245.  Penalties.]  §  2.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  Act  shall  be  subject  to  indictment,  and  upon 
conviction  thereof  in  an}"  court  of  competent  jurisdiction,  shall  be 
fined  in  any  sum  not  exceeding  one  thousand  dollars  or  imprison- 
ment in  the  county  jail  not  exceeding  six  months,  either  or  both,  in 
the  discretion  of  the  court.  The  amount  of  said  tax  or  license  fee 
may  be  also  recovered  of  said  corporation,  company  or  association, 


ABSTRACT  OF  STATUTES  .  75 

or  its  agents,  by  an  action  in  the  name  and  for  the  vise  of  any  such 
city,  town  or  village  as  for  money  had  and  received:  Provided, 
that  this  Act  shall  only  apply  to  such  cities,  towns  and  villages  as 
have  established  and  maintained,  by  and  under  municipal  ordinances, 
a  fire  department  for  the  prevention  of  fires. 

246.     Foreign    insurance     companies — license,     etc. — penalties.] 

(Chapter  24,  Sec.  110.)  §  23.  All  corporations,  companies  or  associa- 
tions not  incorporated  under  the  laws  of  this  state,  engaged  in  any 
city  in  effecting  fire  insurance,  shall  pay  to  the  treasurer  the  sum  of 
$2  upon  the  $100  of  the  net  receipts  by  their  agency  in  such  city,  and 
at  that  rate  upon  the  amount  of  all  premiums  which,  during  the 
half  year  ending  on  every  first  day  of  July  and  January,  shall  have 
been  received  for  any  insurance  effected  or  agreed  to  be  effected  in 
the  city  or  village,  by  or  with  such  corporations,  companies  or  asso- 
ciations, respectively.  Every  person  who  shall  act  in  any  city  or 
village  as  agent,  or  otherwise,  for  or  on  behalf  of  any  such  corpora- 
tion, company  or  association,  shall,  on  or  before  the  fifteenth  day 
of  July  and  January,  in  each  year,  render  to  the  comptroller  (if  any 
ther.e  be;  if  not,  to  the  clerk)  a  full,  true  and  just  account,  verified 
by  his  oath,  of  all  premiums  which,  during  the  half  year  ending 
on  every  first  day  of  July  and  January  preceding  such  report,  shall 
have  been  received  by  him,  or  any  other  person  for  him,  in  behalf 
of  any  such  corporation,  company  or  association,  and  shall  specify 
in  said  accounts  the  amounts  received  for  fire  insurance.  Such 
agents  shall  also  pay  over  to  the  treasurer,  at  the  time  of  rendering 
the  aforesaid  accovmt,  the  amount  of  rates  for  which  the  company 
or  companies  represented  by  them  are  severally  chargeable  by  virtue 
hereof.  If  such  account  be  not  rendered  on  or  before  the  day  here- 
inbefore designated  for  that  purpose,  or  if  the  said  rates  shall  remain 
unpaid  after  that  day,  it  shall  be  unlawful  for  any  corporation, 
company  or  association  so  in  default  to  transact  any  business  of 
insurance  in  any  such  city  or  village,  until  the  said  requisitions 
shall  have  been  fully  complied  with;  but  this  provision  shall  not 
relieve  any  company  from  the  payment  of  any  risk  that  may  be 
taken  in  violation  hereof.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  section  shall  be  subject  to  indictment  and, 
upon  conviction  thereof,  in  any  court  of  competent  jurisdiction, 
shall  be  fined  in  any  sum  not  exceeding  $1,000,  or  imprisoned  not 
exceeding  six  months,  or  both,  in  the  discretion  of  the  court.  Said 
rates  may  also  be  recovered  of  such  corporation,  company  or  asso- 
ciation, or  its  agent,  by  action  in  the  name  and  for  the  use  of  any 
such  city  or  village,  as  for  money  had  and  received  for  its  use :  Pro- 
vided, that  this  section  shall  only  apply  to  such  cites  and  villages 
as  have  an  organized  fire  department,  or  maintain  some  organization 
for  the  prevention  of  fires. 


74  ABSTRACT  OF  STATUTES 

FIRI-:    AND    POLICE    COMMISSIONERS. 

247.  Appointment  of  board  of  commissioners — terms  of  office.] 

(Chapter  24,  Sec.  434  a).  §  1.  In  every  city  in  this  state  having 
a  population  of  not  less  than  (7,000)  seven  thousand  nor  more  than 
(100,000)  one  hundred  thousand,  shall  be  appointed  by  the  mayor, 
by  and  with  the  consent  of  the  city  council,  a  board  of  fire  and  police 
commissioners,  consisting  of  three  members,  whose  term  of  office 
shall  be  three  years,  and  until  their  respective  successors  shall  be 
appointed  and  qualified,  except  as  hereinafter  provided:  Provided, 
no  such  appointments  shall  be  made  by  any  such  mayor  within 
thirty  (30)  days  before  the  expiration  of  his  term  of  office. 

248.  First  appointments — terms  of  service.]  §  2.  The  first 
appointments  under  this  Act  shall  be  made  within  thirty  days  after 
the  mayor  chosen  at  the  election  by  which  this  bill  may  be  approved 
shall  have  assumed  the  duties  of  his  office.  One  of  the  members 
shall  be  then  appointed  to  serve  until  the  end  of  the  then  current 
municipal  year  next  ensuing:  Provided,  That  each  of  said  members 
shall  serve  until  his  successor  is  appointed  and  qualified. 

249.  Qualifications  of  members — oath  of  office — bond — removal.] 

§  3.  The  members  of  said  board  shall  possess  the  qualifications 
required  of  other  officers  of  the  city,  shall  take  oath  (or  affirmation) 
of  office  and  give  bond  in  the  same  manner  as  other  appointive 
officers  of  the  city,  and  shall  be  subject  to  removal  from  office  as 
such  other  officers. 

250.  Appointment  of  officers  and  members  of  the  department- 
how  made.]  §  4.  Such  board  of  fire  and  police  commissioners 
shall  appoint  all  officers  and  members  of  the  fire  and  police  depart- 
ment of  such  city:  Provided,  That  all  appointments  to  such  depart- 
ment other  than  that  of  the  lowest  rank,  shall  be  from  the  rank  next 
below  that  to  which  the  appointment  shall  be  made.  This  Act  shall 
not  include  volunteer  fire  departments. 

251.  Board  to  make  rules.]  §  5.  Such  board  of  commissioners 
shall  make  rules  to  carry  out  the  purpose  of  this  Act,  and  for  ap- 
pointments and  removals  in  accordance  with  its  provisions,  and  the 
board  may,  from  time  to  time,  make  changes  in  such  rules. 

252.  Rules  to  be  printed  for  distribution — publication  of  notice.] 

§  6.  All  such  rules  and  changes  therein  shall  be  forthwith  printed 
for  distribution,  and  such  board  shall  give  notice  of  the  place  or 
places  where  such  printed  rules  may  be  obtained,  by  publication 
in  the  official  paper  of  the  city,  if  there  be  one,  and  if  there  be  no 
official  paper,  then  in  a  newspaper  published  in  such  city.  In  such 
publication  shall  be  specified  the  date,  not  less  than  ten  days  subse- 
quent to  the  time  of  such  pubh cation,  when  such  rules  shall  go  into 
operation. 


ABSTRACT  OF  STATUTES  75 


253.  Examination  of  applicants.]  §7.  All  applicants  for  position 
in  the  fire  and  police  department  of  such  city,  shall  be  subjected 
to  examination,  which  shall  be  public,  competitive  and  free  to  all 
persons  possessing  the  right  of  suffrage  in  such  city,  subject  to  reason- 
able limitations  as  to  residence,  age,  health,  habits  and  moral  char- 
acter. Such  examinations  shall  be  practical  in  their  character, 
and  shall  relate  to  those  matters  which  will  fairly  test  the  relative 
•capacity  of  the  persons  examined  to  discharge  the  duties  of  the  posi- 
tions to  which  they  seek  to  be  appointed,  and  shall  include  tests  of 
physical  qualifications  and  health;  but  no  such  applicant  shall  be 
•examined  concerning  his  political  or  religious  opinions  or  affiliations. 
Such  examination  shall  be  conducted  by  said  board  of  fire  and  police 
•commissioners. 

254.  Notice  of  time  and  place  of  examination.]  §  8.  Notice 
of  the  time  and  place  of  every  examination  shall  be  given  by  the 
board  of  publication  for  two  weeks  preceding  such  examination  in 
the  official  paper  of  such  city,  and  such  notice  shall  also  be  posted 
in  a  conspicuous  place  in  the  office  of  said  board  for  two  weeks  pre- 
vious to  such  examination.  If  there  be  no  official  paper  of  such 
city,  such  publication  inay  be  made  in  any  newspaper  of  general 
circulation  published  in  such  city. 

255.  Standing  of  those  examined — how  determined.]     §  9.     The 

board  of  fire  and  police  commissioners  shall  prepare  and  keep  a 
register  of  persons  whose  general  average  standing,  upon  examina- 
tion, is  not  less  than  the  minimum  fixed  by  the  rules  of  such  board, 
and  who  are  otherwise  eligible,  and  such  persons  shall  take  rank 
upon  the  register  as  candidates  in  the  order  of  their  relative  excel- 
lence as  determined  by  examination,  without  reference  to  priority 
•of  time  of  examination. 

256.  Rules — examinations  for  promotions.]  §  10.  Such  board 
■of  fire  and  police  commissioners  shall,  by  its  rules,  provide  for  pro- 
motion in  the  said  department  on  the  basis  of  ascertained  merit  and 
seniority  in  service  and  examination,  and  shall  provide  in  all  cases, 
where  it  is  practicable,  that  vacancies  shall  be  filled  by  promotion. 
All  examinations  for  promotion  shall  be  competitive  among  such 
members  of  the  next  lower  rank  as  desire  to  submit  themselves  to 
such  examination,  and  all  promotions  shall  be  made  from  the  three 
having  the  highest  rating.  The  method  of  examination  and  the  rules 
governing  the  same  shall  be  the  same  as  provided  for  applicants  for 
original  appointment. 

257.  Temporary  appointments.]  §  11.  Said  board  may,  in 
order  to  prevent  a  stoppage  of  public  business,  to  meet  extraordi- 
nary exigencies,  or  to  prevent  material  impairment  of  the  police 
or  fire  department,  make  temporary  appointments,  to  remain  in 
force  until  regular  appointments  may  be  made  under  the  provisions 
of  this  Act,  and  not  in  any  event  to  exceed  sixty  days. 


16 


ABSTRACT  OF  STATUTES 


258.  Board   may  remove   or  discharge  upon  written  charges.] 

§  12.  No  officer  or  member  of  the  fire  or  police  department  of  any- 
such  city,  who  shall  have  been  such  for  more  than  one  year  prior 
to  the  passage  of  this  Act,  or  who  shall  have  been  appointed  under 
the  rules  and  examination  provided  for  by  this  Act,  shall  be  removed 
or  discharged,  except  for  cause,  upon  written  charges,  and  after  an 
opporttmity  to  be  heard  in  his  own  defense.  Such  charges  shall  be 
investigated  by  such  board  of  fire  and  police  commissioners,  and  in 
case  such  officer  or  member  be  found  guilty,  such  board  may  remove 
or  discharge  him,  or  may  suspend  him  not  exceeding  ten  days  with- 
out pay.  Such  board  of  fire  and  police  commissioners  may  suspend 
any  officer  pending  such  investigation,  but  not  to  exceed  thirty  days 
at  any  one  time.  In  the  conduct  of  such  investigation  each  mem- 
ber of  said  board  shall  have  power  to  administer  oaths  and  affirma- 
tions, and  said  board  shall  have  power  to  secure,  by  its  subpoena,  both 
the  attendance  and  testimony  of  witnessess  and  the  production  of 
books  and  papers  relevant  to  such  investigation. 

259.  Board   of   commissioners   to   make   annual  report.]     §  13. 

Such  board  of  commissioners  shall  annually,  at  such  time  as  the  city 
council  may  provide,  make  to  the  mayor,  to  be  by  him  transmitted 
to  the  city  council,  a  report  of  its  actings  and  doings,  the  rules  in 
force  and  the  practical  effect  thereof,  and  may  in  such  report  make 
such  suggestions  as  such  board  believe  will  result  in  the  greater 
efficiency  of  such  departments. 

260.  Appointment  and  duties  of  secretary.]  §  14.  Such  board 
may  employ  a  secretary,  or  may  designate  one  of  its  own  members  to 
act  as  such.  He,  as  such  secretary,  shall  keep  the  minutes  of  its 
proceedings,  shall  be  the  custodian  of  all  papers  pertaining  to  the 
business  of  such  board,  keep  a  record  of  all  examinations  held,  and 
shall  perform  such  other  duties  as  such  board  shall  prescribe. 

261.  Who  may  be  member  of  such  board.]  §  15.  No  person 
holding  any  lucrative  office  under  the  United  States,  or  this  State, 
or  any  municipality,  shall  be  a  member  of  such  board,  and  the  ac- 
ceptance of  such  office  by  any  such  member  shall  be  deemed  and 
held  as  a  resignation  of  the  oflfice  by  such  member.  Not  more  than 
two  members  of  such  board  shall  belong  to  or  be  members  of  the  same 
political  party. 

262.  Rooms  to  be  provided  for  such  board.]      §  16.     The  city 
council  shall  provide  suitable  rooms  for  such  board  of  fire  and  police . 
commissioners,  and  shall  allow  all  reasonable  use  of  public  buildings 
for  holding  examinations  by  such  board. 

263.  Compensation  of  secretary  and  members  of  board.]     §  17. 

The  secretary  shall  be  paid  a  resaonable  compensation  for  his  services, 
to  be  fixed  b\^  the  city  council.  The  city  council  shall  also  fix  the 
compensation  to  be  paid  to  the  members   of  said  board,  but   until 


ABSTRACT  OF  STATUTES 


77 


the  city  council  shall  make  provision  therefor  the  members  of  said 
board  shall  serve  without  compensation. 

264.  Appeal  may  be  taken  from  orders  of  such  board.]     §  18. 

An  appeal  may  be  taken  from  an  order  of  such  board  by  any  person 
interested  or  affected  thereby  to  the  circuit  court  of  the  county  in 
which  said  city  may  be  located,  by  such  person  filing  with  the  secre- 
tary of  said  board  a  bond  with  sufficient  surety  in  the  sum  of  one 
hundred  dollars,  conditioned  that  he  will  pay  the  costs  of  such 
appeal  in  case  they  should  be  adjudged  against  him,  and  by  paying 
to  said  secretary  the  necessary  fee  for  entering  such  appeal  in  such 
circtiit  court  within  ten  days  after  the  entry  of  such  order.  The' 
secretary  shall  forthwith  transmit  to  the  circuit  court  a  complete 
transcript  of  all  matters  and  proceedings  concerning  the  order  ap- 
pealed from  and  the  docket  fee  so  deposited.     (230  111.,  496.) 

265.  How  city  may  adopt  provisions  of  this  Act.]  §  19.  The 
electors  of  any  city,  of  the  population  herein  described,  may  adopt 
the  provisions  of  this  Act  in  the  following  manner:  Whenever 
the  legal  voters  of  said  city  equal  in  number  to  twenty  per  cent  of 
the  legal  votes  cast  at  the  last  [preceding]  general  city  election  shall 
petition  the  city  clerk,  or  the  officer  or  officers  whose  duty  it  is  to 
prepare  the  ballots,  to  submit  the  proposition  as  to  whether  such 
city  shall  adopt  the  provisions  of  this  Act,  then  it  shall  be  the  duty 
of  such  officer  or  officers  to  submit  such  proposition  accordingly  at 
the  next  succeeding  regular  city  election,  and  if  Such  proposition 
be  not  adopted  at  such  election,  the  same  may  in  like  manner  be 
submitted  to  any  regular  city  election  thereafter. 

The  proposition  so  to  be  voted  for  shall  be  prepared  and  provided 
for  that  purpose  in  the  same  manner  as  other  ballots,  and  shall  be 
substantially  in  the  following  form : 


For  the  adoption  of  the  provisions  of  an 
Act  to  provide  for  the  appointment  of 
a  Board  of  Fire  and  Police  Commis- 
sioners in  all  cities  of  this  State  hav- 
ing a  population  of  not  less  than  7,000 
and  not  more  than  100,000,  and  pre- 
scribing the  powers  and  duties  of  such 
board. 

YES 

NO 

If  a  majority  of  the  votes  cast  in  said  city  at  said  election  shall 
be  for  such  proposition,  then  this  Act  shall  be  declared  adopted  and 
in  force  in  such  city. 

FIREMEN    AND    POLICE    RELIEF    FUND. 

266.  How  funds  created.]  (Chapter  24,  Sec.  382.)  §  1.  That 
one-half  of  all  the  rates,  taxes  and  Hcense  fees  which  are,  or  may  be 


78  ABSTRACT  OF  STATUTES        

hereafter  required  by  law,  to  be  paid  by  corporations,  companies, 
or  associations  not  incorporated  under  the  laws  of  this  state,  engaged 
in  any  village  or  city  in  this  state,  effecting  fire  insurance,  and  one- 
fourth  of  all  moneys  collected  as  tax  on  dogs,  where  such  city  or 
village  contains  a  population  of  10,000  or  more,  has  a  regularly  organ- 
ized fire  department,  by  such  city  or  village,  and  all  moneys  received 
from  fines  inflicted  upon  members  of  the  police  and  fire  departments, 
for  violation  of  the  rules  and  regulations  of  the  service,  and  all  fines 
recovered  for  violation  of  the  fire  ordinances,  and  all  moneys  accru- 
ing from  the  sale  of  unclaimed  stolen  property,  and  (if  authorized  as. 
provided  in  Sections  lA  and  IB)  two  per  centum  of  all  moneys  re- 
ceived from  licenses  for  the  keeping  of  saloons  or  dramp  shops,  shall 
be  set  apart  by  the  treasurer  of  the  city  or  village,  to  whom  the 
same  shall  be  paid,  as  a  fund  for  the  relief  of  disabled  members  of 
the  police  and  fire  departments  of  such  city  or  village. 

267.  Per  cent  from  licenses  for  keeping  of  saloons,  etc.]  §  la. 
In  any  city  of  over  10,000  inhabitants  where  it  shall  be  authorized  by 
a  majority  vote  of  the  electors  of  such  municipality,  two  per  centum 
of  all  moneys  received  from  licenses  for  the  keeping  of  saloons  or 
dram  shops  shall  be  also  set  apart  in  like  manner  for  the  fund  above 
mentioned  in  this  Act. 

268.  How  city  may  adopt  provisions  of  section  la.]     §  lb.     The 

electors  of  any  city  may  adopt  the  provisions  of  section  la  of  this 
Act  in  the  following  manner :  Whenever  twenty  per  cent  of  the  legal 
voters  of  such  incorporated  city  shall  petition  the  city  clerk,  or  the 
officer  or  officers  whose  duty  it  is  to  prepare  the  ballots,  to  submit 
the  proposition  as  to  whether  such  city  shall  adopt  the  provisions  of 
Section  la  of  this  Act,  then  it  shall  be  the  duty  of  such  officer  or 
officers  to  submit  such  proposition  accordingly  at  the  next  succeed- 
ing regular  city  election,  and  if  such  proposition  is  not  adopted  at 
such  election  the  same  may,  in  like  manner,  be  submitted  at  any 
regular  city  election  thereafter.  The  proposition  so  to  be  voted  for 
shall  be  prepared  and  provided  for  that  purpose  in  the  same  manner 
as  other  ballots,  and  shall  be  substantially  in  the  following  form: 


For  the  adoption  of  the  provisions  of  an  Act 
setting  apart   two   per   centum    of  moneys 
received  by  the  city  from  licensing  of  saloons 
or  dram  shops  for  a  pension  fund  for  disabled 
members  of  the  police  and  fire  department. 

Yes. 

No. 

If  a  majority  of  the  members  of  the  number  of  votes  cast  in  said 
city  at  the  last  general  election  shall  be  voted  for  such  proposition, 
then  Section  la  of  this  Act  shall  be  declared  adopted  and  in  force 
in  such  citv. 


ABSTRACT  OF  STATUTES  79 


269.  Mayor,  etc.,  trustees  of  fund.]  §  2.  The  mayor  or  presi- 
dent of  the  board  of  trustees,  the  superintendent  or  chief  officer 
of  the  police  department,  the  fire  marshal  or  chief  officer  of  the  fire 
department,  and  the  chairman  of  the  committee  on  police  and  fire 
and  water,  of  the  city  council  or  board  of  trustees  of  the  city  or  vil- 
lage, with  the  comptroller  (if  there  be  one)  or  city  clerk  and  treastu^er, 
shall  constitute  and  be  a  board  by  the  name  of  the  trustees  of  the 
police  and  firemen's  relief  fund,  and  the  treasurer  of  the  city  or  vil- 
lage, shall  be  custodian  of  the  funds  of  said  police  and  firemen's  relief 
fund.  The  said  board  shall  select  from  their  number  a  president 
and  secretary. 

270.  Board  to  control  fund.]  §  3.  The  said  board  shall  have 
exclusive  control  and  management  of  the  fund  mentioned  in  the 
first  section  of  this  Act,  and  of  all  money  donated,  paid,  or  assessed 
for  the  relief  of  disabled  policemen  or  firemen,  and  shall  have  the 
power  to  assess  each  and  every  member  of  the  police  and  fire  depart- 
inents  of  such  city  or  village,  including  all  such  persons  who  have 
become  entitled  to  the  benefits  of  this  fund  while  such  members 
of  said  police  and  fire  departments,  have  not  forfeited  their  rights 
to  share  in  such  benefits  after  leaving  such  departments  as  herein- 
after provided,  not  to  exceed  the  sum  of  five  dollars  ($5.00)  per  annum, 
which  shall  be  received  and  held  by  the  treasurer  of  said  relief  fund, 
in  like  manner  as  the  other  moneys  herein  provided,  to  be  paid  to  him; 
and  any  person  who,  having  become  entitled  to  the  benefits  of  this 
fund,  shall  not  within  one  month  after  notice  in  writing  to  him  from 
said  board  of  the  assessment  against  him,  pay  the  same,  shall  not 
be  entitled  to,  or  receive  any  benefits  secured  to  him  under  the 
provisions  of  this  Act,  unless  he  shall  make  written  application  to 
the  trustees  of  the  fund  to  become  a  member  thereof,  and  shall  have 
by  a  majority  vote  of  said  trustees  been  admitted  to  membership 
in  said  organization,  and  upon  his  making  payment  of  all  delinquent 
assessments  due  by  him  accruing  during  his  membership  in  such 
police  or  fire  department.  The  said  board  may  make  all  needful 
rules  and  regulations  for  its  government  in  the  discharge  of  its  duties, 
and  shall  hear  and  decide  all  applications  for  relief  under  this  Act, 
and  its  decisions  on  such  applications  shall  be  final  and  conclusive, 
and  not  subject  to  review  or  reversal  except  by  the  board :  Provided, 
that  nothing  herein  contained  shall  render  the  payment  of  any  sum 
of  money  or  annuity  which  may  be  awarded  by  the  board,  obligatory 
on  the  board,  or  chargeable  against  it  as  a  legal  right;  but  the  board 
may,  at  any  time  in  its  discretion,  order  that  such  sums  of  money 
or  annuity  shall  be  reduced,  or  that  payment  of  the  same  shall  not 
be  made.  The  board  shall  cause  to  be  kept  a  record  of  all  its  meetings 
and  proceedings. 

271.  Treasurer  to  give  bond  for  fund.]  §  4.  The  treasurer 
of  the  board  shall  be  the  custodian  of  the  fund  in  the  first  section 


80  ABSTRACT  OF  STATUTES 


of  this  Act  mentioned,  and  of  all  moneys  donated,  paid  or  assessed 
towards  or  on  account  of  the  rcHcf  fund  hereby  created,  and  shall 
secure  and  safely  keep  the  same,  subject  to  the  control  and  direc- 
tion of  the  board,  and  shall  keep  his  books  and  accounts  in  such  a 
manner  as  may  be  prescribed  by  the  board ,  and  the  same  shall 
always  be  subject  to  the  inspection  of  the  board,  or  any  member 
thereof.  The  treasurer  shall,  within  ten  days  after  his  election  or 
appointment,  execute  a  bond  to  the  city  or  village,  as  the  case  may  be, 
with  good  and  sufficient  securities  in  such  penal  sum  as  the  board 
may  direct,  to  be  approved  by  the  board,  conditional  for  the  faithful 
performance  of  the  duties  of  his  office,  and  that  he  will  safely  keep 
and  well  and  truly  account  for  all  moneys  and  property  which  may 
come  to  his  hands  as  such  treasurer,  and  that  on  the  expiration  of 
his  term  of  office  he  will  surrender  and  deliver  over  to  his  successor 
all  unexpended  moneys  and  all  property  which  may  have  come  to  his 
hands  as  such  treasurer.  Such  bond  shall  be  filed  in  the  office  of 
the  clerk  of  such  city  or  village,  and  in  case  of  a  breach  of  the  same, 
or  the  conditions  thereof,  suit  may  be  brought  on  the  same,  in  the 
name  of  such  city  or  village,  for  the  use  of  said  board  or  of  any  person 
or  persons  injured  by  such  breach. 

272.  Warrants  drawn  on  treasurer.]  §  5.  It  shall  be  the  duty 
of  the  mayor  and  clerk,  or  the  comptroller,  if  there  be  one,  and  the 
officer  or  officers  of  such  city  or  \'illage,  who  are  or  may  be  authorized 
by  law,  to  draw  warrants  upon  the  treasurer  of  such  city  or  village, 
upon  request  made  in  writing  by  said  board,  to  draw  warrants  upon 
the  treasurer  of  such  city  or  village,  payable  to  the  treasurer  of  said 
board,  for  the  fund  set  aside  by  such  city  or  village  treasurer,  as 
prescribed  by  the  first  (1)  section  hereof. 

273.  Permanent  disability — death — annuity.]  §  6.  When,  in 
the  judgment  of  the  board,  a  sufficient  amount  shall  have  accumulated 
in  said  fund  to  justify  the  application  thereof  to  the  use  for  which 
the  same  is  hereby  created,  if  any  member  of  the  poHce  or  fire  de- 
partments, while  in  the  actual  perfomiance  of  duty,  or  other  persons 
entitled  to  the  benefits  of  this  ftmd,  as  hereinafter  provided,  shall 
become  permanently  disabled,  so  as  to  render  proper  his  retirement 
from  membership,  a  smn  not  exceeding  six  hundred  dollars  ($600) 
per  annum,  or  such  less  sum  as  in  the  judgment  of  the  board  the 
fund  will  justfy,  shall  be  paid  to  such  member  out  of  said  fund;  or  if 
any  member,  while  in  the  actual  discharge  of  duty  shall  be  killed, 
or  shall  die  from  the  immediate  effects  of  an  injiu-y  received  by  him 
while  in  such  discharge  of  duty,  or  shall  die  after  ten  years'  ser\'ice 
in  the  police  or  fire  departments,  and  shall  leave  a  widow,  or  if  no 
widow,  any  child  or  children  under  the  age  of  sixteen  (16)  years,  a 
sum  not  exceeding  six  hundred  dollars  ($600)  per  annum,  or  such  less 
sum  as,  in  the  judgment  of  the  board,  the  condition  of  the  fund  will 


ABSTRACT  OF  STATUTES  81 

justify,  shall  be  paid  to  such  widow  so  long  as  she  shall  remain  un- 
married, or  to  such  child  or  children  while  under  the  age  of  sixteen 
years. 

274.  Who  may  obtain  benefits.]  §  7.  Any  person  who  shall 
have  served  in  either  the  police  or  fire  departments  of  said  city  or 
inllage  for  the  full  term  of  ten  (10)  years,  and  shall  have  paid  into 
the  fund  hereby  provided  for,  all  assessments  regularly  made  upon 
hiin  by  the  board  of  trustees  as  required  by  this  Act,  and  the  regu- 
lations of  the  said  board  of  trustees  passed  in  pursuance  of  this  Act, 
and  shall  have  complied  with  all  the  rules  and  regulations  lawfully 
established  b}^  the  board  of  trustees  in  the  same  manner  as  if  such 
person  was  an  active  member  in  said  police  or  fire  department,  may 
continue  his  membership  in  this  organization,  and  be  entitled  to  the 
benefits  of  this  fund  after  he  shall  have  ceased  to  be  a  member  in 
either  said  police  or  fire  department,  by  complying  with  all  the  pro- 
visions of  this  Act,  relative  to  the  payment  of  assessments,  etc.,  the 
same  as  prior  to  his  ceasing  to  be  a  member  of  said  departments, 
and  the  widow  or  children  of  such  person  shall  be  entitled  to  all 
benefits  hereby  secured  to  other  members  of  this  organization. 

275.  How  money  paid  out.]  §  8.  All  moneys  ordered  to  be 
paid  from  said  relief  fund  to  any  person  or  persons  shall  be  paid  by 
the  treasurer  of  said  board  only  upon  warrants  signed  by  the  presi- 
dent of  the  board  and  countersigned  by  the  secretary,  and  no 
warrant  shall  be  drawn  except  by  order  of  the  board  duly  entered  in 
the  record  of  the  proceedings  of  the  board.  In  case  the  said  relief 
fund,  or  any  part  thereof,  shall,  by  order  of  the  said  board  or  other- 
wise be  deposited  in  any  bank,  or  loaned,  all  interest  on  money  which 
may  be  paid,  or  agreed  to  be  paid,  on  account  of  any  such  loan  or  de- 
posit shall  belong  to  and  constitute  a  part  of  said  fund:  Provided, 
that  nothing  herein  contained  shall  be  construed  as  authorizing  the 
said  treasurer  to  loan  the  said  fund,  or  any  part  thereof,  unless  so 
authorized  by  said  board. 

FIREMEN'S    PENSION    FUND BOARD    OF    TRUSTEES. 

276.  Fund  how  created — treasurer.  (Chapter  24,  Sec.  403.)  §  1. 
That  in  all  cities,  villages  or  incorporated  towns  whose  population 
exceeds  five  thousand,  having  a  paid  fire  department,  one  (1)  per 
centum  of  all  revenues  collected  or  received  by  such  cities,  villages 
or  incorporated  towns  from  licenses  issued  by  such  cities,  villages 
or  incorporated  towns;  also  all  fines  imposed  for  violations  of  fire 
ordinances,  the  enforcement  or  correction  of  which  may  be  charged 
to  and  be  under  the  supervision  of  the  chief  officer  or  subordinate 
officers  of  such  fire  department,  of  any  such  cities,  villages  or  incor- 
porated towns,  shall  be  set  apart  by  the  treasurer  of  such  cities,  vil- 
ages  or  incorporated  towns,  to  whom  the  same  shall  be  paid  as  a  fund 
for  the  pensioning  of  disabled  and  superannuated  members  of  the  fire 


82  ABSTRACT  OF  STATUTES 

departments  and  of  the  widows  and  orphans  and  dependent  parents 
of  deceased  members  of  the  fire  departnients  of  such  cities,  villages 
or  incorporated  towns.  The  treasurers  of  such  cities,  villages  or 
incorporated  towns  shall  be  ex  officio  treasurers  of  such  fund.  In 
each  city  and  village  in  this  state  whose  population  exceeds  5,000, 
wherein  a  fund  has  been  set  apart  for  the  relief  of  disabled  members, 
of  the  police  and  fire  departments  of  such  city  or  village,  by  virtue 
of  an  Act  entitled,  "An  Act  for  the  relief  of  disabled  members  of 
poHce  and  fire  departments  in  cities  and  villages,"  approved  May  24, 
1877,  in  force  July  1,  1877,  as  amended  by  Act  approved  May  10, 
1901,  in  force  July  1,  1901,  one-half  of  all  funds  and  property  fomiing 
a  part  of  such  fund  shall  be  transferred  by  the  authorities  having 
charge  thereof  to,  and  fonn  part  of  the  pension  fund  provided  for 
in  such  cites  and  villages,  under  the  provision  of  this  Act. 

277.     Board  of  trustees  of  firemen's  pension  fund.]     §  2.     The 

treasurer,  clerk,  attorney,  marshal  (  r  chief  officer  of  the  fire  depart- 
ment, and  the  comptroller  of  such  city,  village  or  incorporated  town, 
and  two  other  persons,  who  shall  be  chosen  from  the  active  members  of 
the  fire  department  of  such  city,  village  or  incorporated  town,  shall 
constitute  and  be  a  board  by  the  name  of  the  "board  of  trustees  of 
the  firemen's  pension  fund. ' '  The  members  of  this  board  to  be  chosen 
from  the  active  members  of  the  fire  department  shall  be  elected  by 
ballot  at  an  annual  election,  at  which  election  all  active  members 
of  the  fire  department  of  said  city,  village  or  incorporated  town  shall 
be  entitled  to  vote :  Provided,  that  in  any  city,  village  or  incorpor- 
ated town  where  there  is  no  comptroller  appointed  or  elected,  that 
the  mayor  of  such  city,  village  or  incorporated  town  shall  be  a  mem- 
ber of  such  board. 

The  election  in  this  section  provided  for  shall  be  held  annually,  on 
the  third  Monday  in  April,  under  the  Australian  ballot  system,  at 
such  place  or  places  in  such  city,  village  or  incorporated  town,  under 
such  regulations  as  shall  be  prescribed  by  the  members  of  this  board 
who  are  members  of  such  board  by  reason  of  their  official  positions : 
Provided,  however,  that  no  person  entitled  to  vote  under  the  pro- 
visions of  this  section  shall  cast  more  than  one  vote  at  any  such  elec- 
tion. In  the  event  of  the  death,  resignation  or  inability  to  act  of 
any  member  of  said  board,  elected  under  the  provisions  of  this  sec- 
tion, the  successor  to  such  member  shall  be  elected  at  a  special 
election,  which  shall  be  called  by  said  board,  and  shall  be  conducted 
in  the  same  manner  as  are  the  annual  elections  hereunder.  The 
said  board  shall  select  from  their  number  a  president  and  secretary: 
Provided,  that  in  villages  and  incorporated  towns  the  "board  of 
trustees  of  the  firemen's  pension  fund"  shall  consist  of  the  president 
of  the  board  of  trustees,  the  town  or  village  clerk,  the  town  or  village 
attorney,  the  chief  officer  o''  the  fire  department  and  two  other  per- 
sons who  shall  be  chosen  annually  from  the  active  members  of  the 


ABSTRACT  OF  STATUTES  S3 


fire  department  of  such  village  or  incorporated  town.  The  two 
members  of  said  board  to  be  chosen  from  the  active  members  of  the 
fire  department  of  said  village  or  incorporated  town  to  be  elected  in 
the  manner  provided  for  in  this  section  for  election  of  such  members 
in  cities. 

278.  Management  of  fund — assessment  of  members — deciding 
upon  applications — record  of  meetings.]  §  3.  The  said  board  shall 
have  exclusive  control  and  management  of  the  fund  mentioned 
in  the  first  section  of  this  Act,  and  of  all  money  donated,  paid,  or 
assessed  for  the  relief  or  pensioning  of  disabled,  superannuated  and 
retired  members  of  the  fire  departments,  their  widows,  minor  children 
and  dependent  parents,  and  shall  assess  each  member  of  the  fire  de- 
partment not  to  exceed  one  per  centum  of  the  salary  of  such  member, 
to  be  deducted  and  withheld  from  the  monthly  pay  of  each  member  so 
assessed,  the  same  to  be  placed  by  the  treasurer  of  such  city,  village  or 
incorporated  town,  who  shall  be  ex  officio,  treasurer  of  such  board,  to 
the  credit  of  such  fund  subject  to  the  order  of  such  board.  The 
said  board  shall  make  all  needful  rules  and  regulations  for  its  govern- 
ment in  the  discharge  of  its  duties,  and  shall  hear  and  decide  all  appli- 
cations for  relief  or  pensions  under  this  Act,  and  its  decisions  on  such 
applications  shall  be  final  and  conclusive,  and  not  subject  to  review  or 
reversal  except  by  the  board.  The  board  shall  cause  to  be  kept  a 
record  of  all  its  meetings  and  proceedings. 

279.  Rewards.]  §  4.  All  rewards  in  moneys,  fees,  gifts  and 
emoluments  that  may  be  paid  or  given  for  or  on  account  of  extra- 
ordinary services  by  said  fire  department,  or  any  member  thereof 
(except  when  allowed  to  be  retained  by  petitive  [competitive]  award) , 
shall  be  paid  into  said  pension  fund.  The  said  board  of  trustees  may 
take  by  gift,  grant,  devise  or  bequest,  any  money,  real  estate,  per- 
sonal property  or  other  valuable  thing,  the  annual  income  of 
which  shall  not  exceed  one  hundred  thousand  dollars  ($100,000) 
in  the  whole;  and  such  money,  real  estate,  personal  property,  right 
of  property  or  other  valuable  thing  so  obtained ;  also  all  fines  and  penal- 
ties imposed  upon  members  of  such  fire  department,  shall  in  like  manner 
be  paid  into  said  pension  fund  and  treated  as  a  part  thereof,  for  the 
use  of  such  pension  fund:  Provided,  that  when  the  sum  of  $200,000 
shall  be  received  and  accumulated,  in  cities  having  a  population  of 
over  100,000;  and  when  $50,000  shall  be  received  and  accumulated 
in  cities  having  a  population  of  less  than  100,000  and  more  than  75,000 ; 
and  when  $25,000  shall  be  received  and  accumulated  in  cities  having 
a  population  of  less  than  75,000  and  more  than  25,000;  and  when 
$15,000  shall  be  received  and  accumulated  in  cities  having  a  popula- 
tion of  less  than  25,000  and  more  than  5,000,  such  sums  shall  in  each 
case  be  retained  as  a  permanent  fund,  and  thereupon  and  thereafter 
the  annual  income  of  each  such  fund,  and  any  excess  thereof,  in  each 
such  case,  shall  be  available  for  the  uses  and  purposes  of  such  pension 
fund. 


84  ABSTRACT  OF  STATUTES 

280.  Power  of  board  to  draw  fund — investing  same — deposit  of 
securities.]  $  5.  The  said  board  of  trustees  shall  have  power  to  draw 
sueh  ])ension  fund  from  the  treasury  of  such  city,  village  or  incorpor- 
ated town  and  may  invest  such  fund,  or  any  part  thereof,  in  the  name 
of  the  "board  of  trustees  of  the  firemen's  pension  fund,"  in  interest- 
bearing  bonds  of  the  United  States,  of  the  State  of  Illinois,  of  any 
county  of  this  state,  or  of  any  township  or  of  any  municipal  corpora- 
tion of  the  State  of  Illinois.  And  all  such  securities  shall  be  deposited 
with  the  treasurer  of  said  city,  village  or  incorporated  town  as  ex  officio 
treasurer  of  said  board,  and  shall  be  subject  to  the  order  of  said  board. 

281.  Interest  from  investment  from  fund.]  §  6.  The  interest  re- 
ceived from  any  such  investment  of  said  fund,  after  said  fund  shall 
have  reached  the  simi  of  two  l:mndred  thousand  dollars  (S200,000), 
shall  be  applicable  to  the  payment  of  pensions  under  this  Act. 

282.  Retirement  on  account  of  physical  or  mental  disability.] 

§  7.  If  any  member  of  the  fire  department  of  any  such  city,  village 
or  incorporated  town  shall,  while  in  the  performance  of  his  duty,  be- 
come and  be  found,  upon  an  examination  by  a  medical  officer  ordered  by 
said  board  of  trustees  to  be  physically  or  mentally  permanently  dis- 
abled, by  reason  of  service  in  such  fire  department,  so  as  to  ren- 
der necessary  his  retirement  from  ser\4ce  in  said  fire  department,  said 
board  of  trustees  shall  retire  such  disabled  member  from  service  in 
such  fire  department :  Provided,  no  such  retirement  on  account  of  dis- 
ability shall  occur  unless  said  member  has  contracted  said  disability 
while  in  the  service  of  such  fire  department.  Upon  such  retirement 
the  said  board  of  trustees  shall  order  the  pa>'ment  to  such  disabled 
member  of  such  fire  department,  monthly,  from  said  pension  fund,  a 
sum  equal  to  one-half  the  monthly  compensation  allowed  to  such 
member  as  a  salary  at  the  date  of  his  retirement. 

283.  Death  while  in  the  service,  etc. — pension  to  widow — minor 
children — dependent    parents — when    fund    insufficient.]     §  8.     If 

any  member  of  such  fire  department  shall,  while  in  the  service  of  such 
fire  department,  be  killed  or  die  as  the  result  of  injuries  received 
while  in  such  service,  or  of  any  disease  contracted  by  reason  of 
his  occupation,  or  if  any  member  of  such  fire  department  shall,  while 
in  said  service,  die  from  any  cause  while  in  said  service,  or  during  re- 
tirement, or  after  retirement,  after  22  years'  service  as  hereinafter 
provided,  and  shall  leave  a  widow,  minor  child  or  minor  children  under 
sixteen  years  of  age,  or  dependent  father  or  mother  sur^dving,  said 
board  of  trustees  shall  direct  the  pa\niient  from  said  pension  fund  of 
the  following  sums  monthly,  to-wit :  To  such  widow,  while  umnarried, 
thirty-five  dollars;  to  the  guardian  of  such  minor  child  or  children, 
eight  dollars  for  each  of  said  children,  until  it  or  they  reach  the  age, 
of  sixteen  years;  to  the  dependent  father,  or  dependent  mother,  of 
such  firemen,  twenty-five  dollars  each:  Provided,  it  shall  be  proven 
that  the  deceased  fireman,  at  the  time  of  his  death,  was  the  sole  and 


ABSTRACT  OF  STATUTES  85 

only  support  of  such  parent  or  parents.  Where  the  wife  of  such  de- 
ceased fireman  shall  have  died,  either  prior  or  subsequent  to  the  death 
of  such  fireman,  leaving  a  minor  child  or  children,  the  said  board  shall 
pay  to  the  duly  appointed  guardian  of  such  child  or  children,  for  their 
support  and  maintenance,  until  it  or  they  shall  have  reached  the  age 
of  sixteen  years,  to  each,  the  sum  of  fifteen  dollars  per  month :  Pro- 
vided, however,  that  there  shall  not  be  paid  to  the  family  or  depend- 
ents of  any  such  member,  a  total  pension  exceeding  one-half  the 
amount  of  the  annual  salary  of  such  deceased  fireman  at  the  time 
of  his  decease ;  or,  if  a  retired  member,  a  sum  not  exceeding  one-half 
the  amount  of  the  annual  salary  of  such  retired  member  at  the  date 
his  retirement.  If  at  any  time  there  shall  not  be  sufficient  money 
in  such  pension  fund  to  pay  each  person  entitled  to  the  benefits  there- 
of, the  full  amount  per  month,  as  hereinbefore  provided,  then,  and 
in  that  event,  an  equal  percentage  of  such  monthly  payments  shall  be 
made  to  each  beneficiary  thereof,  until  the  said  fund  shall  be  replen- 
ished to  warrant  the  payment  in  full  to  each  of  said  beneficiaries. 

284.  Beneficiaries  under  prior  Act.]  §  9.  The  widows  and 
orphans  of  deceased  firemen  and  retired  members  of  the  fire  depart- 
ment, who  are  now  entitled  to  pension  or  annuity  under  the  pro- 
visions of  an  Act  entitled  "An  Act  for  the  relief  of  disabled  members 
of  police  and  fire  departments  in  cities  and  villages,"  approved  May 
24,  1877,  as  amended,  shall  be  entitled  to  the  benefits,  pensions  and 
annuities  provided  for  by  this  Act :  Provided,  such  persons  shall  there- 
upon cease  to  receive  pensions,  relief  or  benefits  under  said  Act  of 
May  24,  1877. 

285.  Retirement  after  twenty-two  years'  service,  etc.]  §  10. 
Any  member  of  the  fire  department  of  any  such  city,  village  or  incor- 
porated town,  after  having  served  twenty-two  years  or  more  in  such 
fire  department,  of  which  the  last  two  years  shall  be  continuous,  may 
make  application  to  be  relieved  from  such  fire  department,  or  if  he 
shall  be  discharged  from  such  fire  department,  the  said  board  of  trus- 
tees shall  order  and  direct  that  said  person  shall  be  paid  a  monthly 
pension  equal  to  one-half  the  amount  of  salary  attached  to  the  rank 
which  he  may  have  held  in  said  fire  department  at  the  date  of  his  re- 
tirement or  discharge ;  and  the  said  board  upon  the  recommendation 
of  the  fire  marshal  or  the  chief  officer  of  any  fire  department  pro- 
vided for  in  this  Act  shall  have  the  power  to  assign  members  of  the 
fire  department  retired  or  drawing  pensions  under  this  Act,  to  the 
performance  of  light  duties  in  such  fire  department  in  case  of  extra- 
ordinary emergencies.  After  the  decease  of  such  member,  his  widow, 
minor  child  or  children,  under  sixteen  years  of  age,  his  dependent 
parent  or  parents,  if  any  surviving  him,  shall  be  entitled  to  the  pen- 
sion provided  for  in  this  Act,  but  nothing  in  this  or  any  other  section 
of  this  Act  shall  warrant  the  payment  of  any  annuity  to  any  widow 
of  a  deceased  member  of  such  fire  department  after  she  shall  have 
remarried. 


86  ABSTRACT  OF  STATUTES 


28:.  To  whom  Act  applies.]  §  11.  This  Act  shall  apph^  to  all 
persons  who  are  now  or  shall  hereafter  become  members  of  such  fire 
departments  and  to  all  persons  who  are  now  beneficiaries  of  the  fire- 
men's pension  fund  and  all  such  persons  shall  be  eligible  to  the 
benefits  secured  by  this  Act. 

287.  Treasurer  of  board — custodian  of  fund — book  and  accounts 
-  bonds.]  §  12.  The  treasurer  of  the  l)oard  shall  be  custodian  of 
said  pension  fund  and  shall  secure  and  safely  keejj  the  same  subject  to 
the  control  and  direction  of  the  board;  and  shall  keep  his  books  and  ac- 
counts concerning  said  fund  in  such  a  manner  as  inay  be  prescribed 
by  the  board;  and  the  said  books  and  accounts  shall  always  be  subject 
to  the  inspection  of  the  board  or  any  member  thereof.  The  treasurer 
shall  within  ten  days  after  his  election  or  appointment,  execute  a 
bond  to  the  city,  village  or  incorporated  town,  with  good  and  sufficient 
securities,  in  such  penal  sum  as  the  board  shall  direct,  to  be  approved 
by  the  board  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office,  and  that  he  will  safely  keep  and  well  and  truly  account 
for  all  moneys  and  property  which  may  come  into  his  hands  as  such 
treasurer;  and  that  on  the  expiration  of  his  term  office  he  will  sur- 
render and  deliver  over  to  his  successor  all  unexpended  moneys  and 
all  property  which  may  have  come  to  [into]  his  hands  as  treasurer  of 
such  fund.  Such  bond  shall  be  filed  in  the  office  of  the  clerk  of  such 
city,  village  or  incorporated  town,  and  in  ease  of  a  breach  of  the  same, 
or  the  conditions  hereof,  suit  may  be  brought  on  the  same  in  the  name 
of  such  city,  village  or  incorporated  town,  for  the  use  of  said  board,  or 
of  any  person  or  persons  injured  by  such  breach. 

288.  Duty  of  mayor,  etc.,  to  draw  warrants.]  §  13.  It  shall  be 
the  duty  of  the  mayor,  or  the  president  of  the  board  of  trustees  and 
cleriv,  or  the  comptroller,  if  there  be  one,  and  the  officer  or  officers  of 
such  city,  village  or  incorporated  town  who  are  or  may  be  authorized 
by  law  to  draw  warrants  upon  the  treasurer  of  such  city,  village  or  in- 
corporated town,  upon  request  made  in  writing  by  said  board,  to  draw 
warrants  upon  the  treasurer  of  such  city,  village  or  incorporated  town, 
payable  to  the  treasurer  of  said  board  for  all  funds  in  the  hands  of  the 
treasurer  of  such  city,  village  or  incorporated  town  belonging  to  said 
pension  fund. 

289.  Money  paid  only  upon  warrants  signed,  etc.— interest  from 
fund.]  §  14.  All  moneys  ordered  to  be  paid  from  said  pension  fund 
to  any  person  or  persons  shall  be  paid  by  the  treasruer  of  said  board 
only  upon  warrants  signed  by  the  president  of  the  board  and  counter- 
signed by  the  secretary  thereof ;  and  no  warrant  shall  be  drawn  except 
by  order  of  the  board  duly  entered  in  the  records  of  the  proceedings 
of  the  board.  In  case  the  said  pension  fund  or  any  part  thereof 
shall,  by  order  of  said  board  or  otherwise,  be  deposited  in  any  bank, 
or  loaned,  all  interest  or  money  which  may  be  paid  or  agreed  to  be  paid 
on  account  of  any  such  loan  or  deposit,  shall  belong  to  and  constitute 


ABSTRACT  OF  STATUTES  87 


a  part  of  said  fund :  Provided,  that  nothing  herein  contained  shall  be 
cons  rued  as  authorizing  said  treasurer  to  loan  or  deposit  said  fund  or 
any  part  thereof,  unless  so  authorized  by  the  board. 

290.  Report  of  board  of  conditions  of  fund.]  §15.  The  board  of 
trustees  shall  make  report  to  the  council  of  said  city,  village  or  incor- 
porated town,  of  the  condition  of  said  pension  fund  on  the  first  day  of 
January  in  each  and  every  year. 

291.  Fund  not  subject  to  levy  either  before  or  after  order  of 
distribution,  etc.]  §  16.  No  portion  of  said  pension  fund  shall, 
either  before  or  after  its  order  of  distribution  by  said  board  to  such 
disabled  members  of  said  fire  department,  or  to  the  widow,  or  guardian 
of  such  minor  child  or  children,  or  to  the  dependent  parent  or  parents, 
of  a  deceased  or  retired  member  of  such  department,  be  held,  seized, 
taken,  subject  to,  or  detained  or  levied  on  by  virtue  of  any  attach- 
ment, execution,  injunction,  writ,  interlocutory  or  other  order  or 
decree,  or  any  process  or  proceeding  whatever  issued  out  of  or  by  any 
court  of  this  state  for  the  payment  or  satisfaction  in  whole  or  in  part 
of  any  debt,  damages,  claim,  demand  or  judgment  against  any  such 
member,  or  his  said  widow,  or  the  guardian  of  said  minor  child  or 
children,  dependent  parent  or  parents,  of  any  deceased  member ;  but 
the  said  fund  shall  be  sacredly  held,  kept,  secured  and  distributed  for 
the  purposes  of  pensioning  the  persons  named  in  this  Act,  and  for  no 
other  purpose  whatever. 

292.  Repeal.]  §  17.  All  acts  or  parts  of  acts  inconsistent  with 
this  Act  are  hereby  repealed. 

POLICE    PENSION    FUND. 

293.  How  fund  created.]  (Chapter  24,  Sec.  402a.)  §  1.  That 
in  all  cities,  villages  and  incorporated  towns  having  a  population 
of  not  less  than  20,000  and  not  more  than  50,000  inhabitants,  said 
population  to  be  determined  by  the  United  States  government  statis- 
tics, there  shall  be  set  apart  the  following  moneys  to  constitute  a  police 
pension  fund : 

First — Three-fourths  of  all  moneys  received  for  licenses  upon  dogs. 

Second — Two  per  cent  of  all  moneys  received  from  licenses  for  the 
keeping  of  saloons,  dram  shops  and  wholesale  liquor  houses. 

Third — All  moneys  received  for  special  detail  of  police  officers. 

Fourth — Ten  per  cent  of  all  fines  collected  for  violations  of  city  or- 
dinances. 

Fifth — One  per  cent  per  month,  which  shall  be  paid  or  deducted  from 
the  pension  of  every  police  pensioner  of  such  city,  village  or  town. 

Sixth — All  moneys  received  from  fines  imposed  upon  members  of  the 
police  department  of  such  city,  village  or  town  for  violation  of  the 
rules  and  regulations  of  police  department. 


88  ABSTRACT  OF  STATUTES 

Seventh — All  rewards  given  or  paid  to  members  of  such  police 
force  except  such  as  shall  be  excepted  by  the  board  of  trustees  of  the 
police  pension  fund. 

Eighth — One  per  cent  per  month,  which  shall  be  paid  or  deducted 
from  the  salary  of  each  and  every  member  of  the  police  department  of 
such  city,  village  or  incorporated  town :  Provided,  however,  the  sum 
so  received  shall  in  no  case  exceed  $1.00. 

Ninth — Ten  per  cent  of  all  revenues  collected  from  licenses  by  such 
city,  village  or  incorporated  town  not  heretofore  mentioned  in  this  bill. 

Tenth — All  moneys  that  may  have  been  accimiulated  by  such  city, 
village  or  town  in  confonnity  with  any  previous  legislation  establish- 
ing a  fund  for  the  benefit  of  disabled  or  superannuated  policemen,  and 
one-half  of  all  the  funds  accumulated  in  any  such  city,  village  or  town 
for  the  benefit  of  disabled  or  superannuated  police  or  firemen  by  vir- 
tue of  any  previous  legislation:  Provided,  however,  there  shall  not 
be  collected  in  any  city,  village  or  incorporated  town  in  any  year 
more  than  $2,500,  and  should  it  be  necessary  to  reduce  the  collections 
as  above  provided  the  reduction  shall  be  made  from  the  amotmt  col- 
lected from  dram  shop  licenses. 

294.  Board  of  trustees  of  police  pension  fund.]  §  2.  A  board 
composed  of  three  members,  residents  of  such  city,  village  or  town,  to 
be  chosen  as  hereinafter  provided,  shall  be  and  constitute  a  board  of 
trustees  to  provide  for  the  disbursement  of  said  fund  and  designate 
the  beneficiaries  thereof  as  herein  directed,  which  board  shall  be 
known  as  the  board  of  trustees  of  the  police  pension  fund  of  such  city, 
village  or  town.  Two  of  said  board  shall  be  appointed  by  the  mayor 
of  such  city,  village  or  town.  One  of  said  members  shall  serve  for  the 
period  of  one  year,  beginning  on  the  second  Tuesday  of  the  first  Ma}" 
after  the  passage  of  this  Act,  it  having  been  determined  that  such  city, 
village  or  town  is  within  the  provisions  of  this  Act;  or,  beginning 
on  the  second  Tuesday  in  May,  as  soon  after  the  passage  of  this  Act 
as  any  city,  village  or  town,  not  at  this  time  within  the  provisions  of 
this  Act,  may  by  virtue  of  having  attained  the  necessary  population, 
come  within  the  provisions  of  this  Act.  One  of  said  members  shall 
serve  for  a  period  of  two  years,  beginning  on  the  same  date.  The 
successors  to  any  of  the  foregoing  trustees  shall  serve  for  a  period 
of  two  years  each,  or  until  such  time  as  their  successors  are  appointed 
and  qualified.  The  other  person  who,  with  the  members  above  desig- 
nated, shall  con  titute  said  board,  shall  be  elected  from  the  regular 
police  force  or  from  the  beneficiaries  under  the  provisions  of  this  Act. 
The  member  to  be  elected  shall  be  elected  by  ballot  at  a  regular  elec- 
tion, as  aforesaid,  at  which  election  all  members  of  the  regular  police 
force  and  all  beneficiaries  of  lawful  age  shall  be  entitled  to  vote. 
The  election  provided  for  in  this  section  shall  be  held  annually  on  the 
third  Monday  in  April,  under  the  Australian  ballot  system,  at  such 
place  or  places  in  such  city,  village  or  town,  under  such  regulations 


ABSTRACT  OF  STATUTES  89 

as  shall  be  prescribed  by  the  appointed  members  of  said  board :  Pro- 
vided, however,  that  no  person  entitled  to  vote,  under  the  provisions 
of  this  Act,  shall  cast  more  than  one  vote  at  any  such  election.  In 
the  event  of  the  death,  resignation  or  inability  to  act  of  any  member 
of  said  board,  elected  under  the  provisions  of  this  section,  the  suc- 
cessor of  such  member  shall  be  elected  at  a  special  election,  which 
shall  be  called  b}^  said  board  and  shall  be  conducted  in  the  same  man- 
ner as  are  the  annual  elections  provided  for  above.  Suitable  rooms  for 
offices  and  meetings  of  such  board  shall  be  assigned  by  the  mayor  or 
city  council  of  such  city,  village  or  town. 

Who  shall  be  pensioned — service  for  twenty  years,    etc.]     §  3. 

Whenever  any  person  who,  at  the  time  of  the  taking  effect  of  this  Act, 
is  a  member  of  a  regularly  constituted  police  force  of  such  city,  village 
or  town,  or  who  shall  thereafter  become  a  member  of  such  a  police 
force,  shall  have  served  for  the  period  of  twenty  years  or  more  upon 
the  regularly  constituted  police  force  of  such  city,  village  or  town  of 
this  State,  said  board  shall,  subject  to  the  provisions  of  this  Act,  order 
and  direct  that  such  person,  after  becoming  fifty  years  of  age  and  his 
service  on  such  police  force  shall  have  ceased,  shall  be  paid  from  such 
fund  a  yearly  pension  equal  to  one-half  of  the  amount  of  salary  at- 
tached to  the  rank  which  he  may  have  held  on  such  police  force  for  one 
year  immediately  prior  to  the  time  of  such  retirement:  Provided, 
however,  the  maximum  of  said  pension  shall  not  exceed  the  sum  of 
$600.00  per  year,  and  after  the  decease  of  such  member  his  widow 
or  minor  child  or  children  under  sixteen  years  of  age,  if  any  survive 
him,  or  dependent  parent  if  such  there  be,  shall  be  entitled  to  the 
pension  provided  for  in  this  Act,  of  such  a  deceased  husband,  father 
or  son.  But  nothing  in  this  or  any  other  section  of  this  Act  shall 
warrant  the  payment  of  any  annuity  to  any  widow,  child  or  depend- 
ent parent  of  a  deceased  member  after  she  or  he  shall  have  married 
or  remarried  after  the  decease  of  such  policeman.  Nor  shall  any 
part  of  this  section  or  any  other  section  in  this  Act  be  so  construed 
as  to  necessitate  the  retirement  of  any  capable  policeman  at  the  age 
of  fifty  years. 

295.  Physical  disability.  §  4.  Whenever  any  policeman  while 
serving  as  such,  in  any  such  city,  village  or  town,  shall  become  physic- 
ally disabled  while  in  and  in  consequence  of  the  performance  of  his 
duty  as  such  policeman,  to  such  an  extent  as  to  necessitate  his  sus- 
pending the  performance  of  his  duty  on  such  police  force,  or  retire- 
ment from  the  poHce  force,  said  board  shall  order  and  direct  that  he 
be  paid  from  said  fund  a  pension  of  one-half  of  the  amount  of  the 
salary  attached  to  the  rank  which  he  may  have  held  on  said  police 
force  at  the  time  of  his  so  suspending  performance  of  his  duty  or  his 
retirement :  Provided,  that  the  maximimi  sum  of  such  pension  shall 
not  exceed  the  sum  of  $600.00  per  year.  And,  provided,  further, 
that  whenever  such  disability  shall  cease  and  said  policeman  shall 


90  ABSTRACT  OF  STATUTES 


resume  the  performance  of  his  duty  on  said  police  force  such  pension 
shall  cease. 

296.  Certificate.]  §  5.  No  person  shall  receive  any  benefits 
from  said  fund,  unless  there  shall  be  filed  with  said  board  certificates 
of  his  disability,  which  certificate  shall  be  subscribed  and  sworn  to  by 
said  person  and  by  the  police  surgeon  (if  there  be  one) ,  and  two  prac- 
ticing physicians  of  such  city,  vilage  or  town,  and  such  board  may 
require  other  evidence  of  disability  before  ordering  such  payment,  as 
aforesaid. 

297.  Death  in  performance  of  duty — pension  to  widow — death 
in  service.]  §  6.  Whenever  any  member  of  the  police  force  of  any 
city,  village  or  town  shall  lose  his  life  while  in  the  performance  of  his 
duty  or  receive  injuries  from  which  he  shall  thereafter  die,  leaving  a 
widow,  or  child,  or  children  under  the  age  of  sixteen  years,  or  parent 
who  is  dependent  upon  such  policeman  for  maintenance  and  support, 
then,  upon  satisfactory  proof  of  such  facts  made  to  it,  such  board  shall 
order  and  direct  that  a  yearly  pension  equal  to  one-half  the  salary 
received  by  said  member,  not  to  exceed  $600.00  per  year,  shall  be  paid 
to  such  widow  during  her  life,  or  if  there  be  no  widow  then  to  such 
child  or  children  until  they  shall  be  sixteen  years  of  age,  or  if  there  be 
no  widow  or  child  under  the  age  of  sixteen  years,  then  to  such  parent, 
if  such  there  be,  as  is  dependent  upon  such  policeman  for  their  sup- 
port :  Provided,  if  such  widow,  child  or  chilclren  or  dependent  parent 
shall  marry,  then  such  person  so  marrying  shall  thereafter  receive  no 
pension  from  this  fund:  And,  provided,  further,  that  whenever  any 
member  of  the  police  force  of  such  city,  village  or  town  shall  have 
retired  or  shall  have  been  retired  after  twenty  years'  service  or  on 
account  of  being  physically  disabled,  shall  then  marry,  such  wife  or 
child  or  children  or  dependent  parent  of  such  policeman,  shall  after 
his  death,  receive  no  pension  from  said  fund.  Whenever  any  mem- 
ber of  a  police  force  shall  die  after  ten  years'  service  therein  and  while 
still  in  the  service  of  such  city,  village  or  town,  leaving  a  widow  or  child 
or  children  under  the  age  of  sixteen  years  or  dependent  parent  upon 
such  policeman  for  their  maintenance  and  support,  then  upon  satis- 
tory  proof  of  such  facts  made  to  it,  said  board  shall  order  and  direct 
that  a  pension  equal  to  one-half  of  the  salary  of  such  policeman :  Pro- 
vided, however,  that  the  sum  shall  not  be  more  than  $600.00  ]3er 
year,  shall  be  paid  to  such  widow,  or,  if  there  be  no  widow,  then  to 
such  child  or  children  until  they  shall  be  sixteen  years  of  age,  or  if 
there  be  no  widow,  or  child  under  the  age  of  sixteen  years,  then  to 
such  parent  or  parents  as  is  or  are  dependent  upon  such  policeman 
for  their  support,  said  pension  to  cease  upon  the  marriage,  as  is  here- 
tofore provided. 

298.  Reporting  to  chief  for  examination  service  in  case  of  emer- 
gency.] §  7.  Any  policeman  suspending  the  performance  of  his 
duty  on  account  of  disability  may  be  summoned  to  appear  before  the 


ABSTRACT  OF  STATUTES  91 


board,  herein  provided  for,  at  any  time  thereafter,  and  shall  submit 
himself  thereto  for  examination  as  to  his  fitness  for  duty,  and  shall 
abide  by  the  decision  and  order  of  such  board  with  reference  thereto, 
and  all  members  of  the  police  force  who  may  be  retired  under  the 
provisions  of  this  Act,  except  those  who  voluntarily  retire  after  twenty 
years'  service,  shall  report  to  the  chief  of  police  or  the  chief  officer  of 
the  police  department  of  the  city,  village  or  town  where  so  retired 
on  the  second  Tuesday  of  each  and  every  month,  and  in, case  of  emer- 
gency may  be  assigned  to  and  shall  perform  such  duty  as  said  chief 
of  police  or  said  chief  officer  may  direct;  and  such  person  shall  have 
no  claim  against  the  city,  village  or  town  for  payment  for  such  duty 
so  performed. 

299.  Pensioners  living  outside  state.]  §  8.  No  pensioner  under 
the  provisions  of  this  Act  shall  reside  outside  of  the  State  of  Illinois, 
except  such  as  have  satisfied  the  board  of  trustees  of  the  police  pension 
fund  that  their  health  is  of  such  a  nature  as  to  render  further  residence 
in  this  climate  hazardous,  in  which  case  such  pensioner  must,  from 
time  to  time,  furnish  to  the  said  board  such  proof  and  affidavits  that 
they  are  complying  with  all  the  provisions  of  this  Act  as  the  board 
may  require. 

300.  Pension  lost  by  crime.]  §  9.  Whenever  any  person,  who 
shall  have  received  any  benefits  from  said  fund,  shall  be  convicted  of 
any  felony  or  shall  become  an  habitual  drunkard  or  shall  become  a 
non-resident  of  this  State,  except  as  is  heretofore  provided,  or  shall 
fail  to  report  himself,  if  physically  able,  for  examination  for  duty  as 
required  herein,  unless  excused  by  the  board,  or  shall  disobey  the 
requirements  of  said  board  under  this  Act,  in  respect  to  said  examina- 
tion or  duty,  or  the  orders  of  the  chief  of  police,  then  such  board  shall 
order  that  such  pension  allowance,  as  may  have  been  granted  to  such 
person  shall  immediately  cease  and  determine,  and  such  person  shall 
receive  no  further  pension,  allowance  or  benefit  under  this  Act. 

301.  Meeting  of  board — officers — certificate — record — list  of 
pensioners.]  §  10.  The  board  herein  provided  for  shall  hold  quar- 
terly meetings  on  the  second  Tuesday  of  July,  October,  January  and 
April  of  each  eyar,  and  special  meetings  upon  the  call  of  the  president 
of  said  board.  On  the  second  Tuesday  of  July  of  each  year,  it  shall 
select  one  of  its  members  who  shall  act  as  the  president  of  such  board 
for  the  period  of  one  year,  or  until  such  time  as  his  successor  is  elected 
and  qualified.  Said  board  shall  on  the  same  day  also  select  another 
of  its  members  who  shall  act  as  the  secretary  of  said  board,  for  the 
period  of  one  year  or  until  such  time  as  his  successor  is  elected  and 
qualified.  Said  board  shall  issue  certificates  signed  by  its  president 
and  secretary  to  the  persons  entitled  thereto  of  the  amount  of  money 
ordered  paid  to  such  persons  from  said  fund  by  said  board,  which 
certificates  shall  state  for  what  purpose  said  payment  is  made.  Said 
board  shall  keep  a  record  of  all  its  proceedings,  which  records  shall 


92  ABSTRACT  OF  STATUTES 


be  a  public  record.  Said  board  shall  submit  annually  to  the  city- 
council  of  such  city,  a  list  of  persons  entitled  to  payments  from  the 
fund  herein  provided,  stating  the  amount  of  such  payments,  and  for 
what  granted,  as  ordered  by  such  board,  which  list  shall  be  signed 
and  certified  by  the  secretary  and  president  of  such  board,  and  attes- 
ted by  such  secretary  under  oath:  Provided,  that  no  resolution 
shall  be  passed  or  order  made  for  the  payment  of  money  unless  by 
the  affirmative  vote  of  a  majority  of  the  members  of  said  board. 

302.  Powers  of  board.]  §  11.  In  addition  to  the  other  powers 
herein  granted,  the  following  further  powers  and  authority  are  here- 
by conferred  upon  said  board : 

First — The  said  board  shall  have  exclusive  control  and  manage- 
ment of  the  fund  mentioned  herein,  and  of  all  moneys  donated,  paid 
or  assessed  for  the  relief  or  pensioning  of  disabled,  superannuated 
and  retired  members  of  the  police  department,  their  widows,  minor 
children  and  dependent  parents,  the  same  to  be  placed  by  the  treas- 
urer of  such  city,  village  or  town,  to  the  credit  of  such  fund  subject 
to  the  order  of  such  board. 

Second — Said  board  of  trustees  shall  have  the  power  to  draw  such 
pension  funds  from  the  treasurer  or  other  officials  of  such  city,  village 
or  town,  and  may  invest  such  fund  or  any  part  thereof  in  the  name 
of  the  board  of  trustees  of  the  police  pension  fund  in  interest-bearing 
bonds  of  the  United  States,  of  the  State  of  Illinois  or  of  any  county 
of  this  state,  or  of  any  township  or  municipal  corporation  of  the 
State  of  Illinois,  and  all  securities  shall  be  deposited  with  the  treas- 
urer of  such  city,  town  or  village,  and  shall  be  subject  to  the  order 
of  said  board.  The  interest  received  from  any  such  investment  of 
said  fund  shall  be  credited  to  the  account  of  said  pension  fund. 

Third — To  compel  witnesses  to  attend  and  testify  before  it,  upon 
all  matters  connected  with  the  operation  of  this  Act,  in  the  same 
manner  as  is  or  may  be  provided  by  law  for  the  taking  of  testimony 
before  the  masters  in  chancery,  and  its  president,  or  any  member  of 
said  board  may  administer  oaths  to  such  witnesses. 

Fourth — To  appoint  a  clerk  and  define  his  duties. 

Fifth — To  provide  for  the  payment  from  said  fund  of  all  its  neces- 
sary expenses,  including  clerk  hire,  printing  and  witness  fees:  Pro- 
vided, that  no  compensation  or  emolument  shall  be  paid  to  any  micm- 
ber  of  said  board,  for  any  duty  required  or  perfonned  under  this  Act. 

Sixth — To  make  all  necessary  rules  and  regulations,  for  its  guid- 
ance in  conformity  with  the  provisions  of  this  Act. 

303.  Report  to  board  by  treasurer.]  §12.  On  the  second  Tuesdays 
in  May  of  each  year,  the  treasurer  and  all  other  officials  of  such  city,. 
viPage  or  town,  who  have  had  the  custody  or  possession  of  any  such 
pension  funds  herein  provided,  shall  make  a  sworn  statement  to  the 


ABSTRACT  OF  STATUTES  93 


board  of  trustees  of  such  police  pension  fund,  and  to  the  mayor  and 
council  of  such  city,  of  all  moneys  received  and  paid  out  by  such 
official  on  account  of  said  pension  fund  during  the  year,  and  of  the 
amount  of  said  funds  then  on  hand  and  owing  to  said  pension  fund. 
All  surplus  then  remaining  in  said  official's  hand  shall  be  paid  by 
him  to  the  treasurer  of  said  city,  village  or  town:  And,  provided, 
further,  any  official  shall  at  any  and  all  times  upon  demand  by  said 
pension  board,  furnish  to  said  board,  statement  or  information  of 
any  kind  relative  to  said  official  method  of  collection  or  handling  of 
said  pension  funds :  And,  provided,  further,  that  all  books  and  records 
of  such  official  shall  be  produced  at  any  time  by  said  official  for  exam- 
ination and  inspection  by  said  board  of  pension  trustees  for  the  pur- 
pose   herein    provided. 

304.  Beneficiaries  under  this  Act  when  not  sufficient  money.] 
§  13.  All  members  of  the  police  force  and  any  widow  or  child  or 
children  or  dependent  pareijt  of  such  members  of  any  city,  village  or 
town,  who  after  the  taking  effect  of  this  Act  shall  be  entitled  to  receive 
any  benefits  under  the  provisions  of  this  Act,  or  who  may  thereafter 
become  entitled  to  benefits  under  the  provisions  of  this  Act  and  to 
whom  the  board  of  trustees  have  ordered  and  directed  such  benefits 
to  be  paid,  shall  receive  in  twelve  equal  monthly  installments  each 
year,  a  sum  in  all  aggregating  the  amount  to  which  they  are  entitled 
under  the  provisions  of  this  Act.  Btit,  if  at  any  time  there  shall  not 
be  sufficient  moneys  belonging  to  this  fund  to  pay  the  allowances  of 
such  board  to  its  beneficiaries,  then  they  shall  be  paid  pro  rata  from 
said  funds,  but  no  allowance  or  order  of  such  board  shall  be  held  to 
create  any  liability  against  any  such  city,  village  or  town,  except 
upon  the  fund  so  set  apart  as  aforesaid  for  the  payment  thereof. 

HOSPITALS. 

305.  City,  etc.,  may  contribute  to  non-sectarian  hospitals.]  (Chap- 
ter 24,  Sec.  148.)  §  1.  That  it  shall  be  lawful  for  any  county  or  any 
city  of  this  state  to  contribute  such  sum  or  sums  of  money  towards 
the  support  of  any  non-sectarian  public  hospital  for  the  sick  or  infirm, 
located  within  its  limits,  as  the  county  board  of  the  county,  or  city 
council  of  the  city,  shall  deem  discreet  and  proper. 

306.  Cities  may  maintain  non-sectarian  hospitals.]  (Chapter 
23,  Sec.  149.)  §  2.  That  the  city  council  of  each  incorporated  city  of 
this  state  having  a  population  of  less  than  one  hundred  thousand 
(100,000)  inhabitants  shall  have  the  power  to  establish  and  main- 
tain a  non-sectarian  public  hospital  for  the  use  and  benefit  of  the 
inhabitants  of  such  city,  and  any  person  falling  sick,  or  being  in- 
jured or  maimed  within  its  Hmits,  and  may  levy  a  tax  not  to  exceed 
three  mills  on  the  dollar  annually,  on  all  taxable  property  of  the  city, 
such  tax  to  be  levied  and  collected  in  like  manner  with  the  general 
taxes  of  said  city  and  to  be  known  as  the  ' '  hospital  fund ' ' :      Provided, 


94  ABSTRACT  OF  STATUTES 

that  said  annual  hospital  tax  in  cities  of  over  fifteen  hundred  inhabi- 
tants shall  not  be  included  in  the  aggregate  amount  of  taxes  as- 
limited  by  section  one  of  article  eight  of  "An  Act  for  the  incorpora- 
tion of  cities  and  villages,"  approved  April  10,  1872,  and  the  amenda- 
tory Act  thereto  or  by  any  provision  of  any  special  charter  under 
which  any  city  in  this  state  is  now  organized. 

307.  How  established.]  §  2.  When  one  hundred  legal  voters  of 
any  such  incorporated  city  shall  present  a  petition  to  the  city  council 
of  such  city,  asking  that  an  annual  tax  may  be  levied  for  the  estab- 
lishment and  maintenance  of  a  public  hospital  in  such  city,  and  shall 
specify  in  their  petition  a  rate  of  taxation  not  to  excceed  two  mills 
on  the  dollar,  such  city  council  shall  instruct  the  city  clerk  to  and 
such  city  clerk  shall,  in  the  next  legal  notice  of  the  regular  annual 
election  in  such  city,  give  notice  that  at  such  election  every  elector 

may  vote  ' '  for  a mill  tax  for  a  public  hospital , "  or  "  against  a 

mill  tax  for  a  public  hospital,"  specifying  in  such  notice 

the  rate  of  taxation  mentioned  in  such  petition ;  and  if  the  majority  of 
all  the  votes  cast  in  such  city  shall  be  ' '  for  the  tax  for  a  public  hos- 
pital, "  the  tax  specified  in  such  notice  shall  be  levied  and  collected 
in  like  manner  with  other  general  taxes  of  said  city,  and  shall  be 
known  as  the  "hospital  fund,"  and  thereafter  the  city  council  of 
such  city  shall  include  and  appropriate  in  the  annual  appropriation 
bill  such  stim  or  sums  of  money  as  may  be  deemed  necessary  to  defray- 
all  necessary  expenses  and  liabilities  of  such  hospital. 

308.  Board  of  directors.]  §  3.  When  any  such  city  council 
shall  have  decided  to  establish  and  maintain  a  public  hospital  under 
this  Act,  the  mayor  of  such  city  shall,  with  the  approval  of  the  city 
council,  proceed  to  appoint  a  board  of  three  directors,  one  of  whom 
may  be  a  woman,  for  the  same,  chosen  from  the  citzens  at  large,  with 
reference  to  their  fitness  for  such  office. 

309.  Director's  term  of  office — removal.]  §  4.  Said  directors, 
shall  hold  office  one-third  for  one  year,  one-third  for  two  years  and 
one-third  for  three  years  from  the  first  of  July  following  their  ap- 
pointment, and  at  their  first  regular  meeting  shall  cast  lots  for  the 
respective  terms;  and  annually  thereafter  the  mayor  shall,  before 
the  first  of  July  each  year,  appoint  as  before  one  director  to  take  the 
place  of  the  retiring  director,  who  shall  hold  office  for  three  years, 
and  until  his  successor  is  appointed.  The  mayor  may,  by  and  with 
the  consent  of  the  city  council,  remove  any  director  for  misconduct  or 
neglect  of  duty. 

310.  Vacancies — how  filled.]  §  5.  Vacancies  in  the  board  of 
directors  occasioned  by  removals,  resignation  or  otherwise  shall  be 
reported  to  the  city  council  and  be  filled  in  like  manner  as  original 
appointments,  and  no  director  shall  receive  compensation  as  such 
and  shall  not  be  interested,  either  directly  or  indirectly,  in  the  pur- 
chase or  sale  of  any  supplies  for  said  hospital. 


ABSTRACT  OF  STATUTES  95 

311.  Organization  and  power  of  board,]  §  6.  Said  directors 
shall  immediately  after  appointment,  meet  and  organize  by  the  elec- 
tion of  one  of  their  number  president,"  and  one  as  secretary,  and  by  the 
election  of  such  other  ofhcer  as  they  may  deem  necessary.  They  shall 
make  and  adopt  such  by-laws,  rules  and  regulations  for  their  own 
guidance  and  for  the  government  of  the  hospital  as  may  be  expedient, 
not  inconsistent  with  this  Act  and  the  ordinances  of  the  said  city. 
They  shall  have  the  exclusive  control  of  the  expenditures  of  all 
moneys  collected  to  the  credit  of  the  "hospital  fund,"  and  of  the 
construction  of  any  hospital  building,  and  of  the  supervision,  care 
and  custody  of  the  grounds,  rooms  or  buildings  constructed,  leased 
or  set  apart  for  the  purpose:  Provided,  that  all  moneys  received  for 
such  hospital  shall  be  deposited  in  the  treasury  of  said  city  to  the 
credit  of  the" hospital  fund,"  and  drawn  upon  by  the  proper  officers 
of  said  city  upon  the  properly  authenticated  vouchers  of  the  hospital 
board.  Said  board  shall  have  the  power  to  purchase  or  lease  ground, 
to  occupy,  lease  or  erect  an  appropriate  building  or  buildings  for  the 
use  of  said  hospital;  shall  have  power  to  appoint  a  suitable  super- 
intendent or  matron,  or  both,  and  necessary  assistants,  and  fix  their 
compensation,  and  shall  also  have  power  to  remove  such  appointees; 
and  shall,  in  general,  carry  out  the  spirit  and  intent  of  this  Act  in 
establishing  and  maintaining  a  public  hospital,  and  one  or  all  of  said 
directors  shall  visit  and  examine  said  hospital  at  least  twice  each 
month  and  make  monthly  reports  of  its  condition  to  the  city  council. 

312.  For  whose  benefit  established.]  §  7.  Every  hospital 
established  under  this  Act  shall  be  for  the  benefit  of  the  inhabitants  of 
such  city,  and  any  person  falling  sick  or  being  injured  or  maimed 
within  its  limits;  but  every  such  inhabitant  or  person  who  is  not  a 
pauper  shall  pay  such  board  or  such  officer  as  it  shall  designate 
for  such  city,  such  reasonable  compensation  for  occupancy,  nursing, 
care,  medicine  or  attendance,  according  to  the  rules  and  regulations 
prescribed  by  said  board;  such  hospital  always  being  subject  to  such 
reasonable  rules  and  regulations  as  said  board  may  adopt  in  order  to 
render  the  use  of  said  hospital  of  the  greatest  benefit  to  the  greatest 
number ;  and  said  board  may  exclude  from  the  use  of  said  hospital  any 
and  all  inhabitants  and  persons  who  shall  willfully  violate  such  rules 
or  regulations.  And  said  board  may  extend  the  privileges  and  use 
of  such  hospital  to  persons  residing  outside  of  such  city  in  this  state 
upon  such  terms  and  conditions  as  said  board  may  from  time  to  time 
by  its  rules  and  regulations  prescribe. 

313.  Duty  of  directors — meetings,  etc.]  §  8.  Said  board  of 
directors  shall,  in  the  name  of  such  city,  receive  and  collect  from  such 
inhabitant  or  person  the  compensation  aforesaid,  and  shall  as  often  as 
once  each  month,  pay  over  to  the  city  treasurer  all  compensation 
received  or  collected  during  the  month,  and  take  the  receipt  of  such 
treasurer  therefor;  and  shall  also  at  the  regular  monthly  meeting  of 


96  ■       ABSTRACT  OF  STATUTES 

the  city  council  rci)ort  to  such  city  council  the  names  of  the  persons 
or  inhabitants  from  whoin  such  compensation  has  been  received  or  col- 
lected, and  the  amount  so  received  or  collected  from  each  and  the 
date  when  so  received  or  collected.  And  said  board  of  directors  shall 
make,  on  or  before  the  second  Monday  in  June,  an  annual  report  to 
the  city  council,  stating  the  condition  of  their  trust  on  the  first  day 
of  June  of  that  year,  the  various  simis  of  money  received  from  the 
"hospital  fund"  and  from  other  sources,  and  how  much  money  has 
been  expended  and  for  what  purposes;  the  number  of  patients  and 
such  other  statistics,  information  and  suggestion  as  they  may  deem 
of  general  interest. 

314.  Rules  and  regulations.]  §  9.  When  such  hospital  is  so  estab- 
lished, the  physicians,  nurses,  attendants,  the  persons  sick  therein 
and  all  persons  approaching  or  coming  within  the  limits  of  the  same, 
and  all  furniture  and  other  articles  used  or  brought  there  shall  be 
subject  to  such  rules  and  regulations  as  said  board  may  prescribe. 

315.  Donations.]  §  10.  Any  person  desiring  to  make  dona- 
tions of  money,  personal  property  or  real  estate  for  the  benefit  of 
such  hospital,  shall  have  the  right  to  vest  the  title  to  the  money  or 
real  estate  so  donated  in  the  board  of  directors  created  under  this 
Act,  to  be  held  and  controlled  by  such  board,  when  accepted,  accord- 
ing to  the  terms  of  the  deed,  gift,  devise  or  bequest  of  such  property; 
and  as  to  such  property  the  said  board  shall  be  held  and  considered  to 
be  special  trustees. 

316.  Physicians,  privileges  of.]  §  2.  All  physicians  who  are 
recognized  as  legal  practitioners  by  the  State  Board  of  Health  of 
Illinois  shall  have  equal  privileges  in  treating  patients  in  said  hospital. 

TUBERCULOSIS      SANITARIUMS. 

317.  City  council  may  establish.]  (Chapter  24,  Sec.  685.)  §  1. 
That  the  city  council  of  cities  and  board  of  trustees  in  villages  of  this 
state  shall  have  the  power,  in  the  manner  hereinafter  provided,  to 
establish  and  maintain  a  public  sanitarium  for  the  use  and  benefit  of 
the  inhabitants  of  such  city  or  village  for  the  treatment  and  care  of 
persons  afflicted  with  tuberculosis  and  to  levy  a  tax  not  to  exceed 
one  mill  on  the  dollar  annually  on  all  taxable  property  of  such  city  or 
village,  such  tax  to  be  levied  and  collected  in  like  manner  with  the 
general  taxes  of  the  said  city  and  to  be  known  as  the  "  tuberciilosis 
sanitarium  fund,"  which  said  tax  shall  be  in  addition  to  all  other 
taxes  which  such  city  or  village  is  now  or  hereafter  may  be  authorized 
to  levy. 

318.  Petition  for  annual  tax — rate  of  taxation^submission  to 
vote.]  §  2.  When  one  hundred  legal  voters  of  any  such  city  or 
village  shall  present  a  petition  to  the  cit}^  council  or  board  of  trus- 
tees of  such  city  or  \'illage,  as  the  case  may  be,  asking  that  an  annual 


ABSTRACT  OF  STATUTES  97 


tax  may  be  levied  for  the  establishment  and  maintenance  of  a  public 
tuberculosis  sanitarium  in  such  city  or  village,  such  city  council  or 
board  of  trustees,  as  the  case  may  be,  shall  instruct  the  city  or  vil- 
lage clerk  to,  and  any  such  city  or  village  clerk  shall,  in  the  next 
legal  notice  of  the  regular  annual  election  in  such  city  or  village, 
give  notice  that  at  such  election  every  elector  may  vote  ' '  for  the  levy 
of  a  tax  for  a  public  tuberculosis  sanitarium,"  or  "against  the  levy  of 
a  tax  for  a  public  tuberculosis  sanitarium,"  and  if  the  majority  of  all 
the  votes  cast  upon  the  proposition  is,  that  such  city  or  village  shall 
be  "for  the  tax  for  a  tuberculosis  sanitarium,"  the  city  council  or 
board  of  trustees  of  such  city  or  village  shall  thereafter  annually 
levy  a  tax  of  not  to  exceed  one  mill  on  the  dollar,  which  tax  shall  be 
collected  in  like  manner  with  other  general  taxes  in  such  city  or 
village  and  shall  be  known  as  the  "tuberculosis  sanitarium  fund," 
and  thereafter  the  city  council  or  board  or  trustees,  as  the  case  may  be, 
of  such  city  or  village  shall  include  and  appropriate  from  such  fund 
in  the  annual  appropriation  bill  such  sum  or  sums  of  money  as  may  be 
deemed  necessary  to  defray  all  necessary  expenses  and  liabilities  of 
such  tuberculosis  sanitarium. 

319.  Board  of  three  directors — how  appointed.]  §  3.  When  any 
such  city  council  or  board  of  trustees  shall  have  decided  to  establish  and 
maintain  a  public  tuberculosis  sanitarium  under  this  Act,  the  mayor 
of  such  cities  and  the  president  of  the  board  of  trustees  of  such  vil- 
lages, shall  with  the  approval  of  the  city  council  or  board  of  trustees, 
as  the  case  may  be,  proceed  to  appoint  a  board  of  three  directors,  one 
of  whom,  in  cities  or  villages  having  a  board  of  health,  shall  be  from 
such  board  of  health,  and  the  other  two  from  the  citizens  at  large 
and  shall  be  chosen  with  reference  to  their  special  fitness  for  such 
office. 

320.  Term  of  office — removal.]  §  4.  Said  directors  shall  hold 
office  one-third  for  one  year,  one-third  for  two  years  and  one-third 
for  three  years  from  the  first  of  Jrdy  following  their  appointment, 
and  at  their  first  regular  meeting  shall  cast  lots  for  the  respective 
terms;  and  annnually  thereafter  the  mayor  or  the  president  of  the 
board  of  trustees,  as  the  case  may  be,  shall  before  the  first  of  July  each 
year,  appoint  as  before,  one  director  to  take  the  place  of  the  retiring 
director,  who  shall  hold  office  for  three  years  and  until  his  successor 
is  appointed.  The  mayor  or  president  of  the  board  of  trustees,  as 
the  case  may  be,  by  and  with  the  consent  of  the  city  council  or  board 
of  trustees,  as  the  case  may  be,  remove  any  director  for  misconduct 
or  neglect  of  duty. 

321.  Vacancies — how  filled — compensation.]  §  5.  Vacancies  in 
the  board  of  directors  occasioned  by  the  removal,  resignation  or  other- 
wise, shall  be  reported  to  the  city  council  or  board  of  trustees,  as  the 
case  may  be,  and  be  filled  in  like  manner  as  original  appointments, 


98 ABSTRACT  OF  STATUTES 

and  no  director  shall  receive  compensation  as  such  and  shall  not  be 
interested,  either  directly  or  indirectly,  in  the  purchase  or  sale  of  any 
supplies  for  said  sanitarium. 

322.  Organization  of  directors — manner  of  doing  bnsiness.I     §  6. 

Said  directors  shall,  immediately  after  ajjpointmcnt,  meet  and  organize 
by  the  election  of  one  of  their  number  president  and  one  as  secretary, 
and  by  the  election  of  such  other  officer  as  they  may  deem  neces- 
sary. They  shall  make  and  adopt  such  by-laws,  rules  and  regiila- 
tions  for  their  own  guidance  and  for  the  government  of  the  sanitar- 
ium as  may  he  expedient,  not  inconsistent  with  this  Act,  and  the 
ordinances  of  such  city  or  village.  They  shall  have  exclusive  control 
of  the  expenditiu-e  of  all  moneys  collected  to  the  credit  of  the  "tuber- 
ctilosis  sanitariimi  fund,"  and  of  the  construction  of  any  sanitarium 
building  and  of  the  supervision,  care  and  custody  of  the  grounds, 
rooms  or  buildings  constructed,  leased  or  set  apart  for  that  piu-pose : 
Provided,  that  all  moneys  received  for  such  sanitariiun  shall  be 
deposited  in  the  treasur>^  of  said  village  or  city  to  the  credit  of  the 
"tuberculosis  sanitarium  fund,"  and  shall  not  be  used  for  any  other 
piu-pose,  and  shall  be  drawn  upon  by  the  proper  officers  of  said  city  or 
\411age  upon  the  properly  authenticated  vouchers  of  the  sanitarium 
board.  Said  board  shall  have  the  power  to  purchase  or  lease  ground, 
and  to  occupy,  lease  or  erect  an  appropriate  building  or  buildings 
for  the  use  of  said  sanitarium  by  and  with  the  approval  of  the  city 
cotmcil  or  board  of  trustees,  as  the  case  may  be;  shall  have  the  power 
to  appoint  a  suitable  superintendent  or  matron  or  both  and  all  ne- 
cessary assistants  and  fix  their  compensation,  and  shall  also  have 
power  to  remove  such  appointees;  and  shall  in  general  carr^-  out  the 
spirit  and  intent  of  this  Act  in  establishing  and  maintaining  a  public 
sanitarium,  and  one  or  all  of  said  directors  shall  visit  and  examine 
said  sanitarium  at  least  twice  in  each  month  and  to  make  monthly 
reports  of  its  condition  to  the  city  council  or  board  of  trustees,  as 
the  case  may  be. 

323.  Sanitarium  to   be  free — regulations — non-residents.]     §  7. 

Every  sanitarium  established  under  this  Act  shall  be  free  for  the 
benefit  of  the  inhabitants  of  such  city  or  village  who  may  be  afflicted 
with  tuberculosis,  and  they  shall  be  entitled  to  occupancy,  ntusing, 
care,  medicines  and  attendance  according  to  the  rules  and  regula- 
tions prescribed  by  said  board.  Such  sanitarium  shall  always  be 
subject  to  such  reasonable  rules  and  regulation  as  said  board  may 
adopt  in  order  to  render  the  use  of  said  sanitarimn  of  the  greatest 
benefit  to  the  greatest  number,  and  said  board  may  exclude  from  the 
use  of  said  sanitarium  any  and  all  inhabitants  and  persons  who  shall 
willfully  violate  such  rules  or  regulations.  And  said  board  may  ex- 
tend the  privileges  and  use  of  such  sanitarium  to  persons  residing 
outside  of  such  city  or  village  in  this  state  so  affiicted,  upon  such 


ABSTRACT  OF  STATUTES  99 

terms  and  conditions  as  said  board  may  from  time  to  time  by  its 
rules  and  regulations  prescribe. 

324.  Contributions — reports  of  trustees.]  §  8.  Said  board  of 
directors,  in  the  name  of  the  city  or  village,  may  receive  from  any 
inhabitant  or  person  any  contribution  or  donation  of  money  or 
property,  and  shall  pay  over  to  said  city  or  village  treasurer  all  moneys 
thus  received  as  often  as  once  in  each  month  and  shall  take  the 
receipt  of  such  treasurer  therefor;  and  shall  also,  at  the  regular  monthly 
meeting  of  the  city  council  or  board  of  trustees,  report  to  such  city 
council  or  board  of  trustees,  the  names  of  such  persons  or  inhabi- 
tants from  whom  any  such  contribution  or  donation  has  been  received 
and  the  amount  and  nature  of  property  so  received  from  each  and 
the  date  when  the  same  was  received.  And  said  board  of  directors 
shall  make  on  or  before  the  second  Monday  in  June  of  each  year,  an 
annual  report  to  the  city  council  or  board  of  trustees,  as  the  case 
may  be,  stating  the  condition  of  their  trust  on  the  first  day  of  June 
of  that  year,  the  various  sums  of  money  received  from  the  ' '  sanitar- 
ium fund"  and  from  other  sources,  and  how  such  moneys  have  been 
expended  and  for  what  purposes;  the  number  of  patients  and  such 
other  statistics,  infonnation  and  suggestions  as  they  may  deem  of 
general  interest. 

325.  Physicians,  nurses,  etc.,  subject  to  rules  of  board.]     §  9. 

When  such  sanitarium  is  established,  the  physicians,  nurses,  attend- 
ants, the  persons  sick  therein  and  all  persons  approaching  or  coming 
within  the  limits  of  the  same  or  grounds  thereof,  and  all  furniture 
and  other  articles  used  or  brought  there  shall  be  subject  to  such  rules 
and  regulations  as  said  board  may  prescribe. 

326.  Board  special  trustees  of  gifts.]  §  10.  Any  person  desiring 
to  make  any  donation,  gift,  bequest  or  devise  of  any  money,  personal 
property  or  real  estate,  for  the  benefit  of  such  sanitarium  shall  have 
the  right  to  vest  the  title  to  the  money,  personal  property  or  real 
estate  so  donated  in  the  board  of  directors  created  under  this  Act,  to 
be  held  and  controlled  by  such  board,  when  accepted,  according  to 
the  terms  of  the  deed,  gift,  devise,  bequest  of  such  property  and  as  to 
such  property,  the  said  board  shall  be  held  and  considered  to  be  spec- 
ial trustees. 

327.  Privilege  of  reputable  physician  to  treat  patients.]     §  11. 

All  reputable  physicians  shall  have  equal  privileges  in  treating  pa- 
tients in  said  sanitarium. 

LIBRARIES. 

328.  City  may  establish — tax — fund,  etc.]  (Chapter  81.)  §1. 
That  the  city  council  of  each  incorporated  city,  whether  organized 
under  general  law  or  special  charter  shall  have  power  to  establish  and 
maintain  a  public  library  and  reading  room  for  the  use  and  benefit 


100  ABSTRACT  OF  STATUTES 


of  the  inhabitants  of  such  city,  and  may  levy  a  tax  of  not  to  exceed 
one  and  two-tenths  (1.2)  mills  on  the  dollar  annually  on  all  the  tax- 
able property  in  the  city :  Provided,  That  in  cities  of  over  one  hun- 
dred thousand  inhabitants  after  the  year  1896,  such  tax  shall  not 
exceed  six  cents  on  the  one  hundred  dollars  annually,  such  tax  to  be 
levied  and  collected  in  like  manner  with  the  general  taxes  of  said  city 
and  to  be  known  as  a  library  fund:  Provided,  That  said  annual 
library  tax  in  cities  or  over  two  thousand  inhabitants  shall  not  be 
inclvided  in  the  aggregate  amount  of  taxes  as  limited  by  Section  one 
(1)  of  Article  eight  (8)  of  "An  Act  for  the  incorporation  of  cities  and 
villages,"  approved  April  10,  1872,  and  the  amendatory  Acts  thereto 
or  by  any  provision  of  any  special  charter  under  which  any  city  in  this 
state  is  now  organized. 

329.  Directors.]  §  2.  When  any  city  council  shall  have  decided 
to  establish  and  maintain  a  public  library  and  reading  room  under 
this  Act,  the  mayor  of  such  city  shall,  with  the  approval  of  the  city 
council,  proceed  to  appoint  a  board  of  nine  directors  for  the  same, 
chosen  from  the  citizens  at  large  with  reference  to  their  fitness  for 
such  office;  and  not  more  than  one  member  of  the  city  council  shall 
be  at  any  one  time  a  member  of  said  board. 

330.  Term  of  office — removal.]  §  3.  Said  directors  shall  hold 
office  one-third  for  one  year,  one-third  for  two  years,  and  one-third 
for  three  years,  from  the  first  of  July  following  their  appointment, 
and  at  their  first  regular  meeting  shall  cast  lots  for  the  respective  terms 
and  annually  thereafter  the  mayor  shall,  before  the  first  of  July  of 
each  year,  appoint  as  before,  three  directors,  to  take  the  place  of  the 
retiring  directors,  who  shall  hold  office  for  three  years,  and  until  their 
successors  are  appointed.  The  mayor  may  by  and  with  the  consent 
of  the  city  council,  remove  any  director  for  misconduct  or  neglect  of 
duty. 

331.  Vacancies — compensation.]  §  4.  Vacancies  in  the  board 
of  directors,  occasioned  by  removals,  resignation,  or  otherwise, 
shall  be  reported  to  the  city  council,  and  be  filled  in  like  manner  as 
original  appointments,  and  no  director  shall  receive  compensation  as 
such. 

332.  Organization — powers  of  directors — funds.]  §  5.  Said 
directors  shall  immediately  after  appointment,  meet  and  organize 
by  the  election  of  one  of  their  number  president,  and  by  the  election 
of  such  other  officers  as  they  may  deem  necessary.  They  shall  make 
and  adopt  such  by-laws,  rules  and  regulations  for  their  own  guidance 
and  for  the  government  of  the  library  and  reading  room  as  may  be 
expedient,  not  inconsistent  with  this  Act.  They  shall  have  the  ex- 
clusive control  of  the  expenditure  of  all  moneys  collected  to  the 
credit  of  the  Hbrary  fund,  and  of  the  construction  of  any  library 
building,  and  of  the  supervision,  care  and  custody  of  the  grounds, 


ABSTRACT  OF  STATUTES  101 

rooms  or  buildings  constructed,  leased,  or  set  apart  for  that  purpose: 
Provided,  that  all  moneys  received  for  such  library  shall  be  deposited 
in  the  treasury  of  said  city  to  the  credit  of  the  library  fund,  and  shall 
be  kept  separate  and  apart  from  other  moneys  of  such  city,  and  drawn 
upon  by  the  proper  officers  of  said  city,  upon  the  properly  authenti- 
cated vouchers  of  the  library  board.  Said  board  shall  have  power 
to  purchase  or  lease  grounds,  to  occupy,  lease  or  erect  an  appropriate 
building  or  buildings  for  the  use  of  said  library;  shall  have  power  to 
appoint  a  suitable  librarian  and  necessary  assistants,  and  fix  their 
compensation,  and  shall  also  have  power  to  remove  such  appointees; 
and  shall,  in  general,  carry  out  the  spirit  and  intent  of  this  Act,  in 
establishing  and  maintaining  a  public  library  and  reading  room. 

333.  Who  may  use  library.]  §  6.  Every  library  and  reading 
room,  established  under  this  Act,  shall  be  forever  free  to  the  use  of 
the  inhabitants  of  the  city  where  located,  always  subject  to  such 
reasonable  rules  and  regulations  as  the  library  board  may  adopt,  in 
order  to  render  the  use  of  said  library  and  reading  room  of  the  greatest 
benefit  to  the  greatest  number ;  and  said  board  may  exclude  from  the 
■use  of  said  library  and  reading  room  any  and  all  persons  who  shall 
willfully  violate  such  rules.  And  said  board  may  extend  the  privi- 
leges and  use  of  such  library  and  reading  room  to  persons  residing  out- 
side of  such  city  in  this  state  upon  such  ternis  and  conditions  as  said 

■  board  may  from  time  to  time  by  its  regulations  prescribe. 

334.  Report  of  directors.]  §  7.  The  said  board  of  directors 
shall  make,  on  or  before  the  second  Monday  in  June,  an  annual 
report  to  the  city  council,  stating  the  condition  of  their  trusts  on  the 
first  day  of  June  of  that  year,  the  various  stuns  of  money  received 
from  the  library  fund  and  from  other  sources,  and  how  such  moneys 
have  been  expended,  and  for  what  purposes;  the  number  of  books 
and  periodicals  on  hand,  the  number  added  by  ptu-chase,  gift  or 
otherwise,  diuing  the  year;  the  number  lost  or  missing;  the  num- 
ber of  visitors  attending;  the  number  of  books  loaned  out,  and  the 
general  character  and  kind  of  such  books,  with  such  other  statistics, 
infonnation  and  suggestions  as  they  may  deen  of  general  interest. 
All  such  portions  of  said  report  as  relate  to  the  receipt  and  expendi- 
ture of  money,  as  well  as  the  number  of  books  on  hand,  books  lost 
or  missing,  and  books  purchased," shall  be  verified  by  affidavit. 

335.  Penalties,]  §  8.  The  city  council  of  such  city  shall  have 
power  to  pass  ordinances  imposing  suitable  penalties  for  the  pun- 
ishment of  persons  committing  injury  upon  such  library  or  the  grounds 
or  other  property  thereof,  and  for  injury  to  or  failure  to  return  any 
book  belonging  to  such  library, 

336.  Donations.]  §  9.  Any  person  desiring  to  make  dona- 
tions of  money,  personal  property  or  real  estate  for  the  benefit  of 
such  library,  shall  have  the  right  to  vest  the  title  to  the  money  or 


102  ABSTRACT  OF  STATUTES 

real  estate  so  donated  in  the  board  of  directors  created  under  this 
Act,  to  be  held  and  controlled  by  such  board,  when  accepted,  accord- 
ing to  the  terms  of  the  deed,  gift,  devise  or  bequest  of  such  prop- 
erty; and  as  to  such  property  the  said  board  shall  be  held  and  con- 
sidered to  be  special  trustees. 

337.     Erection  of  buildings  —  plan  —  cost  — bonds  —  certificate.] 

§  13.  Whenc\-cr  any  board  of  directors  of  any  ])ublic  library  organized 
under  the  provisions  of  the  Act,  of  which  this  is  an  amendment, 
shall  determine  to  erect  a  building  to  be  used  for  their  library,  or 
to  purchase  a  site  for  the  same,  or  both,  or  to  accumulate  a  fund  for 
the  erection  of  such  building,  or  to  pay  for  a  library  site,  or  both,  they 
may  do  so  as  follows : 

The  directors  shall  cause  a  plan  for  such  building  to  be  prepared 
and  an  estimate  to  be  made  of  the  cost,  and  if  site  is  to  be  provided 
for  the  same,  they  shall  also  cause  an  estimate  to  be  made  of  the 
cost  of  such  site;  they  may  then  determine  the  time  or  years  over 
which  they  will  spread  the  collection  of  the  cost  of  such  building, 
or  site,  or  both,  not  exceeding  twenty  (20)  years  -and  shall  make  a 
record  of  their  said  proceedings  and  transmit  a  copy  thereof  to  the 
city  council  for  its  approval.  If  the  city  council  shall  approve  of  the 
action  of  the  board  it  may,  in  its  own  discretion,  by  ordinance, 
provide  that  bonds  of  the  city  be  issued  for  the  payment  of  the. 
cost  (so  estimated  as  aforesaid)  of  the  said  building  or  site,  or  both, 
in  which  even  the  said  ordinance  shall  also  state  the  time  or  times 
when  such  bonds,  and  the  interest  thereon,  shall  become  payable: 
Provided,  that  the  whole  of  the  principal  of  such  bonds  and  the  in- 
terest thereon  shall  be  payable  within  twenty  (20)  years:  Provided, 
further,  that  the  interest  on  such  bonds  shall  not  exceed  the  rate  of 
five  (5)  per  cent  per  annum;  but  the  said  interest  may  be  made 
payable  at  such  time  (annually  or  semi-annually)  as  the  said  ordi- 
nance shall  prescribe :  Provided,  always,  that  in  case  the  city  coun- 
cil shall  provide  for  such  payment  by  the  issuance  of  bonds  it  shall 
make  provisions  at  or  before  the  issuance  thereof  by  ordinance, 
which  shall  be  irrepealable,  for  the  levy  and  collection  of  a  direct 
annual  tax  upon  all  the  taxable  property  within  such  city  sufficient 
to  meet  the  principal  and  interest  of  said  bonds  as  the  same  mature, 
which  tax  shall  be  in  addition  to  that  otherwise  authorized  to  be 
levied  and  collected  for  corporate  piu"poses.  If,  however,  the  said 
council  shall  not  provide  that  bonds  of  the  city  be  issued  as  and  for 
the  purposes  aforesaid,  but  shall  otherwise  approve  the  action  of 
the  said  board,  then  the  board  shall  divide  the  total  cost  of  said 
building,  or  site,  or  both,  into  as  many  parts  as  they  shall  determine 
to  spread  the  collection  thereof,  and  shall  certify  the  amount  of  one 
of  said  parts  to  the  city  council  each  and  every  year  during  the  time 
or  tenns  over  which  they  shall  have  determined  to  spread  the  col- 
lection of  the  cost  of  such  building,  or  site,  or  both. 


ABSTRACT  OF  STATUTES  103 

The  city  council,  on  receiving  the  said  last  mentioned  cerLihcate 
shall,  in  its  next  annual  appropriation  bill,  include  the  amount  so 
certified,  and  shall  for  the  amount  so  certified,  levy  and  collect  a 
tax  to  pay  the  same  with  the  other  general  taxes  of  the  city:  Pro- 
vided,  the  said  levy  shall  not  exceed  five  (5)  mills  on  the  dollar  in 
any  one  year  and  shall  not  be  levied  oftener  than  the  number  of 
years  into  which  the  library  board,  in  those  cases  where  bonds  are 
not  issued,  as  aforesaid,  shall  have  divided  the  cost  of  said  building, 
or  site,  or  both;  and  when  collected  as  last  aforesaid  the  tax  shall 
cease. 

338.  Duty  of  Board — erection  of  building — investment  of  funds.] 

§  14.  The  library  board  shall  determine  when  they  will  proceed 
with  the  construction  of  the  building;  they  may  proceed  at  once 
or  may  determine  to  wait  and  allow  the  fund  to  accumulate,  but 
shall  not  delay  construction  of  said  building  longer  than  for  the  col- 
lection of  said  fund.  If  they  shall  determine  to  wait,  they  shall 
certify  their  action  to  the  city  council,  and  said  city  council  shall 
invest  said  money  in  good  interest-paying  securities,  there  to  remain 
until  the  same  is  needed  for  the  construction  of  the  building  under 
the  provisions  of  this  Act. 

339.  How  contract  to  be  let.]  §  15.  When  the  directors  shall 
determine  to  commence  the  construction  of  the  building  they  may 
then  revise  the  plan  therefor  or  adopt  a  new  plan  and  provide  esti- 
mates of  the  cost  thereof,  and  shall  advertise  for  bids  for  the  construc- 
tion of  said  building  and  shall  let  contract  to  the  lowest  and  best  re- 
sponsible bidder,  and  may  require  from  such  bidder  securities  for  the 
performance  of  his  bid  as  the  board  shall  detennine:  Provided,  the 
said  directors  may  let  the  contract  for  one  part  of  said  building 
to  one  bidder,  and  for  another  part  to  another  bidder  as 
they  shall  determine:  And,  provided,  further,  the  board  of  direc- 
tors shall  not  in  any  new  plan  increase  the  per  cent  of  the  tax  levy 
hereunder,  without  the  approval  of  the  city  council. 

340.  May  rent  portion — borrow  money — tax — levy.]  §  16.  If 
the  board  of  directors  shall  think  best,  they  may  construct  the 
building  so  that  a  portion  thereof  may  be  rented,  and  may  at  any 
time  during  the  construction  thereof  borrow  money  and  execute  a 
mortgage  on  the  lot  and  building,  not  exceeding  one-half  the  value 
thereof,  and  the  money  so  obtained  shall  be  used  exclusively  in  the 
completion  of  said  building.  The  levy  of  a  tax  hereunder  shall  not 
be  included  in  the  aggregate  amount  of  taxes  as  limited  by  Section 
one  (1)  Article  eight  (8)  of  "An  Act  for  the  incorporation  of  cities 
and  villages,"  approved  April  10,  1872,  and  amendatory  Acts  thereto, 
nor  shall  it  effect  [affect]  any  appropriation  made  or  to  be  made  for 
the  support  of  the  library.  This  Act  shall  not  apply  to  any  city  in 
this  state  having  over  one  hundred  thousand  inhabitants. 


104  ABSTRACT  OF  STATUTES 

LOCAL    IMPROVEMENTS. 

341.  Powers  conferred.]  (Chapter  24,  Sec  507.)  §  1.  That 
the  corporate  authorities  of  cities,  villages  and  incorporated  towns 
are  hereby  \-ested  with  the  power  to  make  such  local  improvements 
as  are  authorized  by  law,  by  special  assessment,  or  by  special  taxa- 
tion, of  contiguous  ]3roperty,  or  by  general  taxation,  or  otherwise,  as 
they  slall  by  ordinance  prescribe. 

Provided,  That  this  Act  shall  apply  only  to  such  cities  and  villages 
as  are  now,  or  shall  hereafter  become,  incorporated  under  an  Act 
entitled,  "An  Act  to  provide  for  the  incorporation  of  cities  and  vil- 
lages," approved  April  10,  1872,  in  force  July  1,  1872,  and  to  all  cities, 
villages  and  incorporated  towns  which  have  heretofore  adopted 
Article  9  of  the  Act  above  meiitioned,  in  the  manner  therein  pro- 
vided, or  shall  hereafter  adopt  this  Act,  as  herein  provided;  but  all 
other  corporate  authorities,  having  power  to  levy  special  assess- 
ments or  special  taxes  for  local  improvements,  may  make  use  of  the 
provisions  of  this  Act  for  that  purpose  in  the  manner  hereinafter 
provided. 

342.  Municipal  officers  in  cities  of  50,000  inhabitants  and  over.]  §  2. 

In  cities  of  this  state  having  a  population  of  fifty  thousand  (50,000) 
or  more,  by  the  last  preceding  census  of  the  United  States,  or  of  this 
state,  there  shall  be  appointed  and  designated,  in  the  manner  pro- 
vided by  law,  or  if  no  such  method  be  pro\dded,  then  by  appointment 
of  the  mayor,  a  commissioner  of  public  works,  a  superintendent  of 
streets,  a  superintendent  of  special  assessments,  a  superintendent  of 
sewers  and  a  city  engineer.  The  compensation  of  such  officers,  if  not 
fixed  by  law,  shall  be  determined  by  the  city  council  or  board  of 
trustees,  and  no  order,  resolution  or  ordinance  to  change  the  same 
shall  be  passed  within  one  month  after  its  introduction  and  publica- 
tion. Such  office  shall  not  be  discontinued  at  any  time,  by  ordi- 
nance or  otherwise,  but  vacancies  therein  shall  be  filled  in  the  same 
manner  as  the  original  appointment.  The  appointees  to  said  offices 
shall  be  subject  to  removal  by  the  mayor,  but  the  term  of  office 
shall  be  held  to  expire  as  soon  after  the  end  of  the  term  of  the 
mayor  appointing  as  their  successor  shall  be  appointed  and  qualified. 

343.  In  cities  having  a  population  of  less  than  50,000.]     §  3. 

In  cities  having  a  population  of  less  than  fifty  thousand  (50,000), 
ascertained  as  aforesaid,  and  in  villages  and  incorporated  towns, 
the  city  council  or  board  of  trustees  may,  in  their  discretion,  provide 
by  ordinance  that  the  mayor  or  president,  as  the  case  may  be,  shall 
appoint  and  designate  a  superintendent  of  streets  and  a  public  engi- 
neer, which  offices  may  be  discontinued  by  ordinance,  to  take  effect 
at  the  expiration  of  the  then  fiscal  year,  and  no  officer,  filling  any 
office  so  discontinued,  shall  have  any  claim  against  such  city,  \dllage 
o    town,  for  any  compensation  after  such  discontinuance.     Vacancies 


ABSTRACT  OF  STATUTES  105 


therein  shall  be  filled  as  above  provided.     The  compensation  and 
term  of  office  shall  be  ascertained  as  in  the  last  paragraph. 

344.  Ordinance  authorizing  improvements — petition  of  property 
owners.]  §  4.  When  any  such  city,  town  or  village  shall,  by  ordin- 
ance, provide  for  the  making  of  any  local  improvement,  it  shall,  by 
the  same  ordinance,  prescribe  whether  the  same  shall  be  made  by 
special  assessment  or  by  special  taxation  of  contiguous  property, 
or  general  taxation,  or  both. 

346.  Restriction  on  passage  of  ordinance.)  §  5.  No  ordinance 
for  any  local  improvements,  to  be  paid  wholly  or  in  part  by  special 
assessment  or  special  taxation,  shall  be  considered  or  passed  by  the 
city  council  or  board  of  trustees  of  any  such  city,  village  or  town, 
unless  the  same  shall  be  first  recommended  by  the  board  of  local 
improvements  provided  for  by  this  Act. 

347.  Board  of  local  improvements.]  §  6.  In  cities  within  the 
terms  of  this  Act,  having  a  population  of  one  hundred  thousand 
(100,000)  or  more,  by  the  last  preceding  census  of  the  United  States, 
or  of  this  state,  there  is  hereby  created  a  board  of  local  improvements, 
consisting  of  five  members;  such  five  members  shall  be  nominated 
by  the  mayor  and  shall  be  confirmed  by  the  city  council  or  board  of 
trustees  of  such  city;  and  no  one  of  which  shall  be  the  head  of  any 
department  of  the  government  of  such  city,  or  hold  any  other  office 
or  position  therein.  Said  board  shall  elect  from  its  members  a  presi- 
dent, a  vice-president  and  an  assistant  secretary.  The  superintend- 
ent of  special  assessments  shall  be  ex-officio  secretary  of  the  board. 
In  the  absence  or  the  inability  of  the  president  or  the  vice-president 
to  act,  the  vice-president  for  the  president,  and  the  assistant  secre- 
tary' for  the  vice-president,  are  hereby  given  full  power  to  sign  and 
execute  contracts,  vouchers,  bonds,  pay-rolls  and  all  other  papers, 
documents  and  instruments  necessary  to  carry  this  Act  and  atl  pro- 
ceedings hereunder  into  full  force  and  effect.  Said  board  shall  hold 
daily  sessions  for  the  transaction  of  all  business  in  rooms  accessible 
to  the  public  to  be  provided  by  the  city  council. 

■  The  city  council  or  board  of  trustees  of  such  city  shall  provide 
for  salaries  for  said  board  of  local  improvements. 

In  cities  within  the  terms  of  this  Act  having  a  i:opulation  of  more 
than  fifty  thousand  (50,000)  and  less  than  one  hundred  thousand 
(100,000),  by  the  last  preceding  census  of  the  United  States,  or  of 


106  ABSTRACT  OF  STATUTES 

this  State,  there  is  hereby  created  a  board  of  local  imi>rovcments, 
consisting  of  five  members,  of  which  board  the  commissioner  of 
l)ublic  works  shall  be  the  president.  The  other  members  of  said 
board  shall  be  the  sui)erintendent  of  streets,  the  superintendent  of 
sewers,  the  suijcrintcndcnt  of  s]3ccial  assessments  and  the  city  engi- 
neer. 

In  cities  having  a  poj^ulation  of  less  than  fifty  thousand  (50,000), 
and  in  villages  and  incorporated  towns,  the  board  of  local  improve- 
ments shall  consist  of  the  mayor  of  said  city,  or  the  president  of 
such  village  or  town,  who  shall  be  president  of  such  board,  and  the 
public  engineer  and  the  superintendent  of  streets  of  such  municipal- 
ity, where  such  offices  shall  be  provided  for  by  ordinance;  but  if. 
at  any  time,  no  such  officer  shall  be  provided  for,  then  the  city  council 
or  board  of  trustees,  as  the  case  may  be,  shall  by  ordinance  designate 
two  or  more  members  of  such  body,  who  shall,  with  such  mayor  or 
president  of  such  village  or  town,  until  otherwise  provided  by  ordi- 
nance, constitute  the  members  of  the  board. 

348.  Proceedings  preliminary  to  public  hearing.]  §7.  All  ordi- 
nances for  local  improvement  to  be  paid  for  wholly  or  in  part  by 
special  assessment  or  special  taxation  shall  originate  with  the 
board  of  local  improvements.  Petitions  for  any  such  public  improve- 
ment shall  be  addressed  to  said  board.  Said  board  shall  have  the 
power  to  originate  a  scheme  for  any  local  improvement,  to  be  paid  for 
bv  special  assessment  or  special  tax,  either  with  or  without  a  petition, 
and  in  either  case  shall  adopt  a  resolution  describing  the  proposed 
improvement,  which  resolution  shall  be  &t  once  transcribed  into  the 
records  of  the  board. 

Whenever  the  proposed  improvement  will  require  that  private 
property  be  taken  or  damaged,  stich  resolution  shall  describe  the 
property  proposed  to  be  taken  for  that  purpose.  Said  board  shall 
by  the  same  resolution,  fix  a  day  and  hour  for  the  public  considera- 
tion thereof,  which  shall  not  be  less  than  ten  days  after  the  adoption 
of  such  resolution.  Said  board  shall  also  cause  an  estimate  of  the 
cost  of  such  improvement  (omitting  land  to  be  acquired)  to  be 
made  in  writing  by  the  engineer  of  the  board  (if  there  be  one,  if 
not,  then  by  the  president)  o\'cr  his  signature,  which  shall  be  item- 
ized to  the  satisfaction  of  said  board,  and  which  shall  be  made  a 
part  of  the  record  of  such  resolution.  Notice  of  the  time  and 
place  of  such  pubHc  consideration  or  hearing  shall  be  sent  by  mail 


ABSTRACT  OF  STATUTES  107 

directed  to  the  person  who  paid  the  general  taxes  for  the  last  pre- 
ceding year  on  each  lot,  block,  tract  or  parcel  of  land  fronting  on 
the  proposed  improvement,  not  less  than  five  days  prior  to  the  time 
set  for  such  public  hearing.  Said  notice  shall  contain  the  substance 
of  the  resolution  adopted  by  the  board  and  the  estimate  of  the  cost 
of  the  proposed  improvement,  and  a  notification  that  the  extent, 
nature,  kind,  character  and  estimated  cost  of  such  proposed  improve- 
ment may  be  changed  by  said  board  at  the  public  consideration 
thereof,  and  that  if  upon  such  hearing  the  board  shall  deem  such 
improvement  desirable,  it  shall  adopt  a  resolution  therefor  and  pre- 
pare and  submit  an  ordinance  therefor  as  hereinafter  provided. 

Provided,  however,  that  in  proceedings  only  for  the  laying,  build- 
ing, constructing  or  renewing  of  any  sidewalk,  water  service  pipe 
or  house  drain,  no  resolution,  public  hearing  or  preliminary  pro- 
ceedings leading  up  to  the  same  shall  be  necessary.  In  such  pro- 
ceedings the  board  may  submit  to  the  city  council  or  board  of  trus- 
tees, as  the  case  may  be,  an  ordinance,  together  with  its  recommenda- 
tion, and  the  estimated  cost  of  the  improvement,  as  made  by  the 
engineer,  as  herein  provided,  and  such  proceedings  shall  have  the 
same  force  and  effect  as  though  a  public  hearing  had  been  had 
thereon.     (201,  111.,  93-344.) 

349.  Public  hearing.]  §  8.  At  the  time  and  place  fixed  in  said 
notice  for  the  public  hearing,  the  said  board  shall  meet  and  hear 
the  representations  of  any  person  desiring  to  be  heard  on  the  subject 
of  the  necessity  for  the  proposed  improvement,  the  nature  thereof, 
or  the  cost  as  estimated.  In  case  any  person  shall  appear  to  object 
to  the  proposed  improvement  or  any  of  the  elements  thereof,  said 
board  shall  adopt  a  new  resolution  abandoning  the  said  proposed 
scheme  or  adhering  thereto,  or  changing,  altering  or  modifying  the 
extent,  nature,  kind,  character  and  estimated  cost,  provided  such 
change  shall  not  increase  the  estimated  cost  of  the  improvement  to 
exceed  twenty  (20)  per  centum  of  the  same  without  a  further  public 
hearing  thereon,  as  it  shall  consider  most  desirable;  and  thereupon, 
if  the  said  proposed  improvement  be  not  abandoned,  the  said  board 
shall  cause  an  ordinance  to  be  prepared  therefor,  to  be  submitted  to 
the  council  or  board  of  trustees  (as  the  case  may  be).  Such  ordi- 
nance shall  prescribe  the  natiire,  character,  locality  and  description 
•of  such  improvement  and  shall  provide  whether  the  same  shall  be 
made  wholly  or  in  part  by  special  assessment  or  special  taxation 
■of  contiguous  property;  and  if  in  part  only,  shall  so  state. 

If  property  is  to  be  taken  or  damaged  for  said  improvement,  such 
ordinance  shall  describe  the  same  with  reasonable  certainty. 

In  cities  of  100,000  inhabitants  or  over  when  a  remonstrance  peti- 
tion is  filed  by  the  owners  of  a  majority  of  the  frontage  on  the  line 
of  the  proposed  improvement  with  the  board  of  local  improvements 


108 ABSTRACT  OF  STATUTES 

within  thirty  (30)  days  after  the  public  hearing  thereon,  said  board 
shall  thereupon  stay  all  proceedings  therein  for  one  year  from  said 
date. 

The  remonstrance  above  referred  to,  to  be  filed  with  the  board, 
shall  contain  the  signatures  of  the  owners  or  legal  representatives, 
the  description  of  the  property  owned  or  represented,  the  number 
of  feet  so  owned  or  represented,  and  shall  be  verified  by  affidavit  of 
one  or  more  property  owners  fronting  on  the  line  of  the  proposed 
improvement,  setting  forth  that  the  party  making  the  affidavit  is  a 
property  owner,  fronting  on  the  proposed  improvement,  and  that 
the  parties  who  signed  the  same  are  the  owners  or  legal  representa- 
tives of  the  property  described  therein. 

350.  Recommendation  by  board.]  §  9.  With  any  such  ordi- 
nance, presented  by  such  board  to  the  city  council  or  board  of 
trustees,  shall  be  presented,  also  a  recommendation  of  such  improve- 
ment by  the  said  board,  signed  by  at  least  a  majority  of  the  mem- 
bers thereof.  The  recommendation  by  said  board  shall  be  prima 
facie  evidence  that  all  the  preliminary  requirements  of  the  law  have 
been  complied  with,  and  if  a  variance  be  shown  on  the  proceedings 
in  the  court,  it  shall  not  affect  the  validity  of  the  proceedings,  unless 
the  court  shall  deem  the  same  willful  or  substantial.     (201,  111.,  68.) 

351.  Estimate  of  cost.]  §  10.  Together  with  the  said  ordi- 
nance and  recommedation  shall  be  presented  to  the  city  council 
or  board  of  trustees,  an  estimate  of  the  cost  of  such  improvement, 
as  originally  contemplated,  or  as  changed,  altered  or  modified  at 
the  public  hearing,  itemized  so  far  as  the  board  of  local  improve- 
ments shall  think  necessary,  over  the  signature  of  the  engineer  of 
the  board,  if  there  be  one;  if  not,  then  the  president  of  said  board, 
who  shall  certify  that  in  his  opinion,  the  said  estimate  does  not 
exceed  the  probable  cost  of  the  improvement  proposed,  and  the 
lavv^ul  expenses  attending  the  same.  The  recommendation  by  said 
board  shall  be  prima  facie  evidence  presumed  to  be  based  upon  a 
full  compliance  with  the  requirements  of  the  Act. 

352.  Publication  of  ordinance.]  §  11.  Upon  the  presentation 
to  the  common  council  or  board  of  trustees  of  such  proposed  ordi- 
nance, together  with  such  recommendation  and  estimate,  if  the  said 
estimate  of  cost  shall  exceed  the  sum  of  one  hundred  thousand  dol- 
lars ($100,000.00),  (exclusive  of  the  amount  to  be  paid  for  land  to  be 
taken  or  damaged),  such  ordinance  shall  be  referred  to  the  proper 
committee,  and  published  in  the  proceedings  of  the  council  or  board 
of  trustees,  in  the  usual  way,  in  full,  with  the  recommendation  and 
estimates,  at  least  one  week  before  any  action  shall  be  taken  thereon, 
by  the  council  or  board  of  trustees. 

353.  When  property  is  taken.]  §  12.  Should  such  an  ordinance 
provide  for  improvements  which  require  the  taking  or  damaging; 


ABSTRACT  OF  STATUTES  109 


of  property,  the  proceeding  for  making  just  compensation  therefor 
shall  be  as  described  in  sections  13  to  33,  inclusive,  in  this  Act. 

354.  Petition.]  §  13.  Whenever  any  such  ordinance  shall  be 
passed  by  the  legislative  authority  of  any  such  city,  village  or  town, 
for  the  making  of  any  local  improvements  that  such  city,  village 
or  town  is  authorized  to  make,  to  be  paid  for  wholly  or  in  part  by 
special  assessment,  or  by  special  taxation,  the  making  of  which  will 
require  that  private  property  be  taken  or  damaged  for  public  use, 
such  city  or  village  shall  either  in  such  ordinance  or  by  subsequent 
order,  designate  some  officer  to  file  a  petition  in  some  court  of  record 
of  the  county  in  which  such  city,  village  or  town  is  situated  in  the 
name  of  the  municipality,  praying  that  steps  may  be  taken  to  ascer- 
tain the  just  compensation  to  be  made  for  private  property  to  be 
taken  or  damaged  for  the  improvement  or  purpose  specified  in  such 
ordinance,  and  to  ascertain  what  property  will  be  benefited  by  such 
improvement,  and  the  amount  of  such  benefit. 

355.  Contents  of  petition — commissioners.]  §  14.  Such  peti- 
tion shall  contain  a  reasonably  accurate  description  of  lots,  blocks, 
tracts  and  parcels  of  land  which  shall  be  taken  or  damaged.  There 
shall  be  filed  with  or  attached  to  such  petition  a  copy  of  said  ordi- 
nance, certified  by  the  clerk,  under  the  corporate  seal,  but  the  failure 
to  file  such  copy  shall  not  affect  the  jurisdiction  of  the  court  to  proceed 
in  said  cause,  and  to  act  upon  said  petition;  but  if  it  shall  appear 
in  any  such  cause  that  a  copy  of  the  ordinance  has  not  been  at- 
tached to  or  filed  with  said  petition  before  the  report  of  the  commis- 
sioners shall  be  filed,  as  provided  in  section  fifteen,  then,  upon  motion 
of  any  person  whose  real  estate  is  to  be  taken,  or  to  be  assessed,  the 
entire  petition  and  proceedings  shall  be  dismissed.  Upon  the  filing  of 
the'  petition  the  court  shall  enter  an  order  designating  two  competent 
persons  as  commissioners,  to  act  with  the  superintendent  of  special 
assessments  (where  such  officer  is  provided  for  by  this  Act,  and  in 
other  cases  the  president  of  said  board  of  local  improvements),  who 
shall  investigate  and  report  to  the  court  the  just  compensation  to  be 
made  to  the  respective  owners  of  private  property  which  will  be  taken 
or  damaged  for  the  said  improvement,  and  also  what  real  estate 
will  be  benefited  by  such  improvement,  and  the  amount  of  such  bene- 
fits to  each  parcel.  Neither  shall  be  employes  of  the  petitioning 
municipality,  and  both  shall  be  disinterested  persons.  They  shall 
be  allowed  a  fee  for  their  services,  which  shall  be  fixed  by  the  court 
in  advance  and  taxed  as  costs  and  included  in  the  amount  to  be  ass- 
essed. The  amount  so  allowed  may  be  taxed  as  costs,  and  included 
in  the  amount  to  be  assessed.  The  amount  so  allowed  may  be  re- 
viewed by  the  court  on  motion.  Said  three  commissioners  shall  be 
duly  sworn  to  make  a  true  and  just  assessment  of  the  cost  of  said 
improvement,  according  to  law.  The  concurrence  of  any  two  in  a 
report  shall  be  sufficient. 


110  ABSTRACT  OF  STATUTES 

356.  Commissioners'  report.]  §  15.  Such  commissioners  shall 
thereupon  make  such  investigation,  and  prepare  and  file  in  court 
their  report  accordingly,  in  and  by  which  report  they  shall,  in  one 
column,  describe  the  respective  parcels  of  property  to  be  taken 
or  damaged  for  such  improvement ;  in  another  column  the  respective 
owners  of  record  of  the  parcels  of  land,  the  name  and  residence  of 
each  such  owner  being  set  opposite  his  own  property ;  in  another  col- 
umn the  name  and  residence  of  the  occupant,  where  the  property  is 
occupied,  so  far  as  known  to  such  commissioners,  or  can  be  found 
upon  diligent  inquiry;  in  another  column  the  amount  of  the  value 
of  each  piece  or  parcel  to  be  taken  for  such  improvement,  setting  the 
same  opposite  the  property  to  which  it  relates;  and  in  another 
column  the  amount  of  damages,  if  any,  which  in  their  opinion,  will 
result  to  any  piece  or  parcel  of  land  not  taken,  by  reason  of  the 
said  improvement,  describing  each  piece  or  parcel  so  damaged  by  a 
reasonable  accurate  description;  said  commissioners  shall  further 
estimate  and  report  what  proportion  of  the  total  cost  of  such  im- 
provement (including  therein  their  estimate  of  value  and  damages, 
and  the  estimate  of  cost)  will  be  of  benefit  to  the  public,  and  what 
proportion  thereof  will  be  of  benefit  to  the  property,  and  shall  ap- 
portion the  same  between  the  municipality  and  such  property  so 
that  each  shall  bear  its  relative  equitable  proportion;  and  having 
found  said  amounts,  shall  further  report  what  lots,  blocks,  tracts. 
and  parcels  of  land  will  be  specially  benefited  by  the  said  improve- 
ment, and  shall  describe  the  same  by  a  reasonably  accurate  descrip- 
tion, and  shall  apportion  and  assess  the  amount  so  found  to  be  of 
benefit  to  the  property  upon  the  several  lots,  blocks,  tracts  and 
parcels  of  land  in  the  proportion  in  which  they  will  be  severally 
benefited  by  said  improvement:  Provided,  That  no  lot,  block,  tract 
or  parcel  of  land  shall  be  assessed  a  greater  amount  than  it  will  be 
actually  benefited. 

357.  Thirty  installments  for  waterworks,  bridges,  etc.]  §  15a. 
Whenever  any  local  improvement  provided  to  be  made  by  any  ordi- 
nance therefor  passed  by  virtue  of  this  Act,  to  which  this  Act  is  an 
amendment,  shall  consist  of  a  system  of  waterworks  or  a  bridge  or 
viaduct,  any  portion  of  the  cost  of  which  is  to  be  defrayed  by  special 
assessment,  it  shall  be  lawful  to  provide  by  the  ordinance  for  the  same 
or  by  ordinance  passed  at  any  time  before  the  confirmation  of  the  as- 
sessment roll,  that  the  aggregate  amount  assessed  and  each  individual 
assessment,  and  also  of  the  assessment  against  the  municipality 
for  the  pubHc  benefits  and  on  account  of  property  owned  by  it, 
may  be  divided  into  not  exceeding  thirty  installments  in  the  man- 
ner" provided  in  section  42  of  said  Act,  to  which  this  Act  is  an  amend- 
ment, as  near  as  may  be. 

358.  Net  damage  or  benefit.]  §  16.  If  the  amount  awarded 
to  any  person  for  property  taken  or  damaged  for  such  improvement 


ABSTRACT  OF  STATUTES  HI 

be  greater  than  the  amount  assessed  against  the  property  for  such 
improvement,  or  if  the  benefit  be  greater  than  the  damage,  in  either 
case  the  difference  only  shall  be  collectible  of  the  owner  or  be  paid 
to  him. 

359.  Offset  for  land  donated.]  §  17.  In  the  assessment  of 
damages  and  benefits  for  the  opening  of  any  street  or  alley  it  shall 
be  lawful  for  such  commissioner[s],  in  making  such  assessment, 
where  part  of  the  land  to  be  laid  out  into  such  street  or  alley  has- 
been  theretofore  donated  by  any  person  or  persons  for  such  street 
or  alley,  to  appraise  the  value  of  the  land  so  donated,  and  to  apply  the 
value  thereof,  so  far  as  the  amount  so  appraised  shall  go,  as  an  offset 
to  the  benefits  assessed  against  the  person  or  persons  making  such 
donation,  or  parties  claiming  under  them,  but  nothing  herein  con- 
tained shall  authorize  any  person  or  persons  by  whom  such  dona- 
tion is  made  to  claim  from  the  city,  village  or  town,  the  amount 
of  such  appraisement,  except  as  an  offset,  as  herein  provided;  and 
where  the  assessment  is  only  for  the  widening  of  any  street  which 
may  have  been  theretofore  donated,  either  in  whole  or  in  part,  to 
the  public  by  the  proprietors  of  the  adjoining  land,  it  shall  also  be 
lawful  for  said  commissioners,  in  their  discretion,  to  make  such 
allowance  therefor  in  their  assessment  of  benefits  as  shall  seem  to 
them  equitable  and  just;  but  in  either  such  case  they  shall  state  in 
their  report  the  amount  of  such  allowance,  and  the  same  shall  be 
subject  to  review,  as  the  court  shall  direct.     (201  111.,  264.) 

360.  Commissioners'  certificate.]  §  18.  Such  commissioners 
shall  retiu-n  their  said  report  to  the  court  in  which  said  petition  was 
filed,  and  file  the  same  with  the  clerk  thereof,  with  their  certificate, 
duly  verified,  stating  in  substance  that  they  have  carefully  exam- 
ined the  questions  referred  to  in  their  report,  and  that  in  their  opin- 
ion the  amounts  awarded  for  damages  and  value  therein,  and  the 
assessment  district  therein  shown,  and  the  respective  amounts 
assessed  against  the  private  property,  and  also  the  apportionment  of 
the  cost  of  said  improvement  iDetween  the  public  and  the  private 
property  assessed,  and  the  allowance  for  property  theretofore  dedi- 
cated, if  any,  are  correct,  equitable  and  just.  The  return  and  filing 
of  such  report  shall  be  deemed  an  application  by  the  petitioner  for 
judgment  of  condemnation  of  the  property  so  to  be  taken  or  dam- 
aged, and  for  a  confirmation  of  the  said  assessment  of  benefit. 

361.  Affidavit  of  ownership.]  §  19.  The  superintendent  of 
special  assessments,  or  president  of  the  board  of  local  improve- 
ments (as  the  case  may  be),  shall  file  with  said  report  an  affidavit 
made  by  himself,  or  by  some  employe  of  his  office,  that  the  affiant 
has  carefully  examined  the  records  in  the  recorder's  office  of  the 
said  county  for  the  names  of  the  owners  of  the  record  of  the  sev- 
eral lots,  blocks,  tracts  and  parcels  of  land  to  be  taken  or  damaged 
for  said  improvement,  and  also  for  the  names  of  the  owners  of  record 


112  ABSTRACT  OF  STATUTES 


of  the  respective  lots,  blocks,  tracts  and  parcels  of  land  against  which 
benefits  are  assessed  in  said  report,  and  that  the  names  of  such 
owners  are  correctly  shown  in  the  column  or  schedule  of  ownership 
in  said  report;  also  that  he  has  diligently  inquired  as  to  the  resi- 
dence of  the  respective  owners  of  property  to  be  taken  or  damaged 
for  said  improvement,  and  of  all  of  the  respective  lots,  blocks,  tracts 
and  parcels  of  land  against  which  benefits  have  been  assessed  in 
said  report  (specifying  the  nature  of  the  inquiry  and  examination 
he  has  made  for  that  purpose) ,  and  that  the  residences  of  the  owners 
are  correctly  stated,  according  to  the  result  of  his  said  examination, 
in  the  column  or  schedule  of  residences  in  said  report;  also  that  in 
all  cases  where  he  has  been  unable  to  find  the  residence  of  the  owner 
of  such  record  title,  he  has  examined  the  return  of  the  collector's 
warrant  for  taxes  on  real  estate  for  the  preceding  year,  and  has  set 
opposite  each  such  parcel,  whose  owner  has  not  been  found,  the 
name  of  the  person  who  paid  the  tax  on  said  parcel  for  the  preceding 
3^ear,  together  with  his  place  of  residence,  wherever,  on  diligent 
inquiry,  he  was  able  to  find  the  same.  Said  affidavit,  or  an  affidavit 
filed  therewith,  shall  further  state  that  affiant  has  visited  each  of  the 
parcels  of  land  to  be  taken  or  damaged  for  said  improvement  de- 
scribed in  said  report,  for  the  purpose  of  ascertaining  whether  or 
not  the  same  was  occupied,  and  the  name  and  residence  of  the  occu- 
pant, if  any;  and  that  in  every  case  where  said  parcels  of  land  were 
found  to  be  occupied,  upon  such  investigation,  the  name  of  the  oc- 
cupant is  stated  in  said  report  opposite  such  parcel,  together  with  his 
residence,  when  ascertained.  Such  affidavit  and  report  shall  be 
prima  facie  evidence  that  the  requirements  of  this  Act  have  been 
complied  with. 

362.  Jurisdiction  of  defendants.]  §  20.  Every  person  who 
shall  be  named  in  said  report  as  the  owner  of  property  to  be  taken 
or  damaged  for  the  said  improvement,  and  every  person  who  shall 
be  therein  named  as  an  occupant  of  any  parcel  thereof,  shall  be  made 
a  party  defendant  in  said  proceeding.  All  other  persons  having 
or  claiming  interests  in  any  of  said  premises  shall  be  described  and 
designated  as  "all  whom  it  may  concern,"  and  by  that  description 
shall  be  made  defendants.  Upon  the  filing  of  the  report  aforesaid, 
a  summons,  which  may  be  made  returnable  upon  any  day  in  term 
time,  not  less  than  fifteen  (15)  days  after  its  date,  shall  be  issued 
and  served  upon  the  persons  made  party  defendants,  as  in  cases 
in  chancery.  But  if  the  service  of  such  summons  shall  be  had  less 
than  ten  days  before  said  return  day,  no  steps  shall  be  taken  in 
said  matter  against  the  defendant  so  served,  or  his  property,  before 
the  first  day  of  the  next  term  of  said  court,  which  shall  occur  ten 
days  or  more  after  such  service.  And  as  to  such  of  said  defendants 
as  are  shown  by  said  affidavit  to  be  non-residents  of  the  State  of 
Illinois,   or  whose  residences  are  shown  thereby  to  be  unknown, 


ABSTRACT  OF  STATUTES  113 

and  the  defendants  designated  as  "all  whom  it  may  concern,"  the 
clerk  of  the  court  shall  cause  publication  to  be  made  in  some  news- 
paper designated  by  the  court  for  that  purpose  by  an  order  to  be 
entered  of  record  in  the  cause,  containing  notice  of  the  pendency 
of  such  proceeding,  the  parties  thereto,  the  title  of  the  court,  the 
time  and  the  place  of  the  return  of  the  summons  in  the  case,  the 
description  of  the  property  to  be  taken  or  damaged,  the  total  cost 
of  the  improvement  as  shown  by  the  estimate  and  report,  and  the 
nature  of  the  proceeding ;  such  notice  shall  further  state  that  a  special 
assessment  has  been  made  to  raise  the  cost  of  said  improvement, 
and  the  time  and  place  of  filing  the  report  thereof;  such  publication 
to  be  made  four  weeks,  consecutively,  at  least  once  in  each  week, 
the  first  of  which  shall  be  at  least  thirty  days  before  the  return  day 
of  such  summons.  A  similar  notice  shall  be  posted  for  ten  days  be- 
fore such  return  day  in  two  public  places  in  the  vicinity  of  said  im- 
provement. 

363.  Mailing  notice  to  owners.]  §  21.  Where  the  residence 
of  any  defendant  named  in  said  report  is  shown  thereby  to  be  out- 
side of  the  State  of  Illinois,  and  such  residence  is  stated  therein, 
a  copy  of  the  said  notice  shall  be  sent  by  mail  to  such  party,  at  the 
address  so  given,  at  least  fifteen  days  prior  to  the  return  day  of  the 
said  summons.  If  the  residence  of  any  defendant  shall  be  found 
to  be  unknown,  as  shown  by  the  said  report  and  affidavit^  a  similar 
notice  shall  be  sent  to  the  person  last  paying  taxes  upon  such  prem- 
ises, if  his  residence  be  stated  in  such  report.  Such  service,  publi- 
cation and  notices  shall  be  sufficient  to  give  the  court  jurisdiction  of 
all  the  parties  whose  lands  are  to  be  taken  or  damaged,  so  as  to  de- 
termine all  questions  relating  to  said  proceedings,  and  affecting  the 
lands  described  in  the  report. 

364.  Mailing  notices  to  parties  assessed.]  §  22.  There  shall 
be  sent  by  mail,  post  paid,  to  each  person  whose  property  has  been 
assessed  for  benefits  in  said  proceeding  (not  being  owners  of  prop- 
erty taken  or  damaged  therefor) ,  directed  to  the  address  as  shown  in 
said  report,  or  where  not  so  shown,  then  generally  to  be  city,  village 
or  town  in  which  said  improvement  is  to  be  made,  at  least  fifteen 
days  before  the  said  return  day,  a  notice  stating  the  nature  of  said 
improvement,  the  description  of  such  owner's  property  assessed 
therefor,  the  amount  of  such  assessment,  and  the  date  when  the 
summons  in  said  cause  will  be  returnable,  and  when  objections 
thereto  may  be  filed.  An  affidavit  of  one  of  the  commissioners, 
or  some  other  person,  showing  such  service,  mailing,  posting  and 
publication,  shall  be  prima  facie  evidence  of  a  compliance  with 
all  the  requirements  thereof;  but  the  publication  may  be  proved  in 
any  other  manner  provided  by  law. 

365.  Trials.]  §  23.  Upon  the  return  of  said  summons,  or  as 
soon  thereafter  as  the  business  of  the  court  will  permit,  the  court 


11-1  ABSTRACT  OF  STATUTES 

shall  proceed  to  a  hearing  of  the  said  cause,  and  shall  impanel  a 
jury  to  ascertain  the  just  comj^ensation  to  be  paid  to  all  such  owners 
of  ]jropcrty  to  be  taken  or  damaged;  and  if  objections  shall  be  filed 
to  the  confinnation  of  the  assessment  of  benefits,  such  objections 
shall  be  submitted  to  the  same  jury  at  the  same  time ;  and  thereupon 
such  jury  shall  ascertain  the  just  compensation  to  be  paid  to  the 
owner  of  each  lot,  block,  tract  or  parcel  of  land  to  be  taken  or  dam- 
aged in  said  proceeding,  and  shall  also  determine  whether  or  not  any 
lot,  jjicce  or  parcel  of  land  assessed  in  said  proceedings,  for  which 
objections  have  been  filed,  has  been  assessed  more  than  it  will  be 
benefited  by  said  improvement,  and  on  such  hearing  the  report  of 
the  officer,  so  returned  and  filed  as  aforesaid,  shall  be  prima  facie 
evidence,  both  of  the  amount  of  the  compensation  to  be  awarded 
and  of  the  benefits  to  be  assessed.     (204  111.,  61 1 ;  217  111.,  343.) 

366.  Separate  trials.]  §  24.  If,  however,  any  defendant  or 
party  interested  shall  demand,  and  if  the  court  shall  deem  it  proper, 
separate  juries  may  be  impaneled,  either  as  to  the  benefits  assessed, 
or  as  to  the  compensation  or  damages  to  be  paid  to  any  one  or  more 
of  such  defendants  or  parties  in  interest. 

367.  View  by  the  jury.]  §  25.  The  court  may,  upon  the  motion 
of  the  petitioner,  or  of  any  other  person  claiming  any  such  compensa- 
tion, direct  that  the  jury  (under  the  charge  of  an  officer)  shall  view 
the  premises  which  it  is  claimed  by  any  party  to  said  proceeding 
will  be  taken  or  damaged  by  said  improvement,  and  in  any  case, 
where  there  is  no  satisfactory  evidence  given  to  the  jury  as  to  the 
ownership  of,  or  as  to  the  extent  of  the  interest  of  any  defendant  in, 
the  property  to  be  taken  or  damaged,  the  jury  may  return  their  ver- 
dict as  to  the  compensation  or  damage  to  be  paid  for  the  property, 
or  part  of  property,  to  be  taken  or  damaged,  and  for  the  entire  inter- 
ests therein. 

368.  Adjournments.]  §  26.  Upon  the  return  of  such  verdict, 
the  court  shall  order  the  same  to  be  recorded,  and  shall  enter  such 
judgment  or  decree  thereon  as  the  nature  of  the  case  may  require. 
The  court  shall  continue  or  adjourn  the  cause  from  time  to  time, 
as  to  all  occcupants  and  owners  named  in  such  petition  who  shall 
not  have  been  served  with  process,  or  brought  in  by  notice  or  by 
publication,  and  shall  order  a  new  summons  to  issue  and  publica- 
tion to  be  made,  and  upon  such  occupants  or  owners  being  brought 
into  court,  shall  impanel  a  jury  to  ascertain  the  compensation  so  to 
be  paid  to  such  defendant  or  defendants  for  private  property  taken 
or  damaged,  and  the  amount  of  benefits  to  be  assessed  against  them, 
if  any ;  and  like  proceedings  shall  be  had  for  such  purpose  as  herein- 
before provided  in  the  case  of  other  owners;  but  no  final  judgment 
shall  be  entered  as  to  any  of  the  property  embraced  in  said  roll  until 
all  the  issues  in  the  case  have  been  disposed  of,  including  revised  or 
recast  rolls,  if  any. 


ABSTRACT  OF  STATUTES  115 

369.  Where  title  has  changed.]  §  27.  The  court  shall  have 
power,  at  any  time,  upon  proof  that  any  such  owner  named  in 
such  petition  who  has  not  been  served  with  process,  has  ceased 
to  be  such  owner  since  the  filing  of  such  petition,  to  impanel  -a  jury 
and  ascertain  the  just  compensation  to  be  made  for  the  property  (or 
damage  thereto)  which  has  been  owned  by  the  person  so  ceasing  to 
own  the  same  and  benefits  thereto;  and  the  court  may,  upon  any 
finding  or  findings  of  the  jury,  or  at  any  time  during  the  course  of 
such  proceedings,  enter  such  order,  rule,  judgment  or  decree  as  the 
nature  of  the  case  may  require. 

370.  Adverse  claimants.]  §  28.  No  delay  in  making  an  assess- 
ment of  compensation  shall  be  occasioned  by  any  doubt  or  contest 
which  may  arise  as  to  the  ownership  of  the  property  or  any  part 
thereof,  or  as  to  the  interests  of  the  respective  owners  or  claimants, 
but  in  such  case  the  court  may  require  the  jury  to  ascertain  the 
entire  compensation  or  damage  that  should  be  paid  for  the  property, 
or  part  of  the  property,  and  the  entire  interests  of  all  parties  therein, 
and  may  require  adverse  claimants  to  interplead,  so  as  to  fully 
determine  their  rights  and  interests  in  the  compensation  so  ascer- 
tained. And  the  court  may  make  such  order  as  may  be  neces- 
sary in  regard  to  the  deposit  or  payment  of  such  compensation. 

371.  Infant  or  insane  owners.]  §  29.  When  it  shall  appear 
from  said  petition,  or  otherwise,  at  any  time  during  the  proceedings 
upon  such  petition,  that  any  infant  or  insane  or  distracted  person 
is  interested  in  any  property  that  is  to  be  taken  or  damaged,  the 
court  shall  appoint  a  guardian  ad  litem  for  such  infant  or  insane 
or  distracted  person,  to  defend  the  interest  of  such  infant,  insane 
or  distracted  person,  in  such  property,  or  the  compensation  which 
shall  be  awarded  therefor. 

372.  Effect  of  judgment.]  §  30.  Any  final  judgment  or  judg- 
ments, rendered  by  said  court,  upon  any  finding  or  findings  of  any 
jury  or  juries,  shall  be  a  lawful  and  sufficient  condemnation  of  the 
land  or  property  to  be  taken,  upon  the  payment  of  the  net  amount 
of  such  finding,  as  hereinafter  provided.  It  shall  be  final  and  con- 
clusive as  to  the  damages  and  benefits  caused  by  such  improvement, 
unless  such  judgment  or  judgments  shall  be  appealed  from;  but 
no  appeal  or  writ  of  error  upon  the  same  shall  delay  proceedings 
under  said  ordinance,  if  the  petitioner  shall  deposit,  as  directed 
by  the  court,  the  amount  of  judgment  and  costs,  after  deducting 
the  benefits  assessed  and  adjudged  against  such  property,  if  any, 
and  shall  file  a  bond  in  court  in  which  said  judgment  was  rendered, 
in  a  sum  to  be  fixed,  and  with  security  to  be  approved  by  the  judge 
of  said  court,  which  shall  secure  the  payment  of  any  future  compen- 
sation which  may  at  any  time  be  finally  awarded  for  the  property  in. 
question,  and  costs. 


116  ABSTRACT  OF  STATUTES 

373.  Order  for  possession.]  §31.  The  court,  ii|)on  proof 
that  the  amount  of  said  just  compensation,  so  found  by  the  jury  (in 
excess  of  the  benefits  so  assessed  and  adjudged  against  the  same 
property),  has  been  paid  to  the  person  entitled  thereto,  or  has  been 
deposited  as  directed  by  the  court  (and  bond  given,  in  case  of  an 
appeal  or  writ  of  error) ,  shall  enter  an  order  that  the  j^etitioner  shall 
have  the  right,  at  any  time  thereafter,  to  take  possession  of  or  dam- 
age the  property,  in  respect  to  which  com])ensation  shall  have  been 
so  paid  or  deposited  as  aforesaid.  Such  order  shall  not  be  appeal- 
able as  a  separate  order,  if  the  same  be  entered  in  time  to  be  made 
a  part  of  the  record  on  appeal  or  writ  of  error  from  the  judgment, 
or  before  the  cause  is  taken  under  advisement  upon  hearing  by  the 
Supreme  Court,  but  may  be  reviewed  upon  appeal  or  writ  of  error 
from  the  judgment.     (93  111.,  125;  77  111.,  app.,  242.) 

374.  Proceedings  pending  appeal.]  §  32  Upon  the  return  of 
a  verdict  in  a  proceeding  to  acquire  property  for  a  public  improve- 
ment, if  no  motion  for  a  new  trial  be  made,  or  if  made,  then  if  over- 
ruled, the  petitioner  shall  within  ninety  days  after  final  judgment 
as  to  all  defendants,  both  as  to  the  amount  of  damages  and  com- 
pensation to  be  awarded  and  benefits  to  be  assessed,  elect  whether 
it  will  dismiss  said  proceeding  or  enter  judgment  in  [on]  said  verdict. 
If  it  shall  elect  to  enter  such  judgment,  it  shall  become  thereby 
bound  and  liable  to  pay  the  amount  thereof,  whether  such  assess- 
ment be  collected  or  not,  and  such  judgment  or  condemnation  shall 
not  be  conditional.  Petitioner  shall  not  thereafter  be  permitted 
to  withdraw  from  such  proceedings  or  to  dismiss  the  same,  without 
the  consent  of  all  parties  whose  land  is  thereby  condemned, 
except  as  hereinafter  provided.  In  case  an  appeal  or  writ  of  error 
be  taken  by  either  party  from  the  judgment  of  condemntaion  or 
confirmation,  then  unless  the  petitioner  shall  file  in  the  cause  its 
written  election  to  proceed  with  the  improvement,  notwithstanding 
the  appeal,  no  steps  shall  be  taken  to  collect  the  assessment,  nor  to 
compel  payment  of  the  compensation  awarded,  until  said  appeal  or 
writ  of  error  be  disposed  of  and  final  judgment  entered  in  the  cause; 
or  in  case  of  reversal,  until  a  new  trial  and  judgment;  but  in  case 
of  final  reversal  petitioner  may  still  elect  to  abandon  the  proceeding ; 
Provided,  the  same  be  done  within  sixty  (60)  days  thereafter. 

375.  Filing  roll — commissioners- — deficiency^ — revised  assess- 
ment roll — notice.]  §  33.  If,  in  any  case,  upon  the  filing  of  the  roll 
by  the  commissioners,  it  shall  appear  that  the  amount  assessed  as 
benefits  is  not  sufficient  to  pay  the  awards,  with  the  costs;  or  if, 
upon  the  disposition  of  the  whole  case,  any  such  deficiency  shall 
appear,  the  court  may,  on  the  application  of  the  petitioner,  cause 
the  roll  to  be  again  referred  to  the  same  or  other  commissioners, 
to  be  recast;  and  in  such  cases  said  commissioners  shall  consider 
and  report  whether  or  not  other  premises  will  be  benefited  by  said 


ABSTRACT  OF  STATUTES  117 

improvement,  or  whether  or  not  the  premises  already  assessed  will 
be  benefited  thereby  in  any  greater  amount,  and  in  what  amount, 
if  any;  and  shall  make  and  return  a  revised  assessment  roll  and  the 
same  may  be  done  from  time  to  time,  as  often  as  any  deficiency  shall 
appear.  But  no  lot,  block,  tract  or  parcel  of  land  shall  be  assessed 
more  than  it  will  be  benefited  by  said  improvement,  nor  more  than 
its  proportionate  share  of  the  costs  of  the  improvement.  If  any 
premises  not  already  described  in  said  roll  shall  be  assessed  by  the 
commissioners,  the  owners  thereof  shall  be  shown,  a[nd]  notice  given 
as  for  an  original  assessment ;  and  if  the  assessment  on  any  premises 
previously  assessed  shall  be  increased  thereby,  or  if  any  property  shall 
be  newly  assessed,  the  owner  thereof,  if  not  already  represented  in 
court,  shall  be  notified  in  like  manner,  and  a  hearing  shall  be  had  as 
above  provided. 

376.  Special  waterworks  tax  or  bridge  tax.]  §  33a.  Whenever 
any  ordinance  shall  be  passed  for  the  making  of  a  local  improvement 
consisting  of  a  waterworks  system  or  a  bridge  or  viaduct,  the  esti- 
mated cost  of  which  shall  not  be  less  than  thirty  thousand  dollars 
($30,000)  (any  portion  of  which  is  to  be  defrayed  by  special  assess- 
ment), and  the  assessment  therefor  shall  have  been  made  and  the 
report  thereof  filed  in  the  court  having  jurisdiction  thereof,  in  and 
by  which  assessment  the  amount  assessed  against  the  city,  town 
or  village  as  public  benefits,  shall  exceed  one  per  centum  of  the  total 
amount  of  the  taxable  property  in  such  city,  town  or  village  as  shown 
by  the  last  preceding  assessment  for  state  and  county  taxes,  the  city 
council  of  such  city,  and  the  board  of  trustees  of  such  town  or  village 
shall  have  power  to  levy,  in  addition  to  the  taxes  now  authorized  by 
law,  a  direct  annual  tax  for  not  exceeding  thirty  successive  years, 
and  not  exceeding  one  cent  on  the  dollar  of  all  taxable  property  in 
such  city,  town  or  village,  the  same  to  be  levied  and  collected  with, 
and  in  like  manner  as  the  general  taxes  of  said  city,  town  or  village, 
and  be  known  as  "the  waterworks  tax,"  or  "bridge  tax,"  as  the  case 
may  be,  and  the  fund  arising  therefrom  shall  be  known  as  the  "water- 
works fund,"  or  "bridge  fund, "  as  the  case  may  be;  which  funds  shall 
be  used  solely  for  the  purpose  of  paying  such  assessments  for  public 
benefits:  Provided,  however,  that  the  proposition  to  levy  such  tax 
shall  first  be  submitted  to  the  voters  of  such  city,  town  or  village  at  a 
general  or  special  election  to  be  called  by  an  ordinance  duly  passed 
by  the  city  council  of  such  city,  or  the  board  of  trustees  of  such 
town  or  village,  in  and  by  which  the  proposition  or  propositions 
to  be  submitted  shall  be  defined,  the  time  of  holding  of  such  election 
shall  be  fixed  and  the  form  of  the  notice  to  be  given  shall  be  prescribed. 
Such  notice  shall  be  given  by  posting  a  copy  thereof  in  each  of  ten 
public  or  more  public  places,  in  such  city,  town  or  village,  and  by  pub- 
lishing the  same  once  in  each  week  for  three  successive  weeks  in  one 
or  more  newspapers  published  in  such  city,  town  or  village,   the 


118  ABSTRACT  OF  STATUTES 

first  publication  of  which  notice  and  the  posting  of  said  notice  shall 
be  at  least  twenty  days  before  the  day  on  which  said  election  is  to  be 
held,  and  in  case  no  newspaper  shall  be  published  in  said  city,  town 
or  village,  then  by  the  publication  thereof  in  the  nearest  newspaper 
thereto,  and  by  posting  at  least  five  notices  in  each  ward  thereof 
for  the  length  of  time  aforesaid.  At  such  election  official  ballots 
shall  be  used  and  the  judges  and  clerks  thereof  shall  be  appointed 
in  the  same  manner  and  the  number  and  location  of  the  polling 
])laces  shall  be  the  same  as  at  the  general  elections  for  the  election 
of  officers  in  such  city,  town  or  village,  and  such  elections  shall 
in  all  other  respects  be  conducted  and  the  returns  thereof  made 
in  the  same  manner  as  in  ease  of  such  general  elections.  If  more 
than  two-thirds  of  the  votes  cast  upon  the  proposition  or  propositions 
submitted  at  such  election  shall  be  in  favor  of  the  same,  the  tax 
so  authorized  shall  be  levied  according  to  the  specifications  contained 
in  such  ordinance,  but  no  more  than  three  mills  upon  the  dollar 
shall  be  levied  for  the  purpose  of  paying  the  assessment  for  the 
construction  of  an\-  bridge,  or  viaduct,  and  no  more  than  ten  mills 
on  the  dollar  for  the  construction  of  any  such  water  works  system. 

377.  Improvements  requested  by  majority  of  frontage — side- 
walks.] §  34.  Whenever  the  owners  of  one-half  of  the  property 
abutting  on  any  street,  alley,  park  or  public  place,  or  portion  thereof, 
shall  petition  for  any  local  improvement  thereon,  the  board  of  local 
improvements  in  any  city,  village  or  town  shall  take  the  steps  here- 
inbefore required  for  hearing  thereon,  but  at  such  hearing  shall 
consider  only  the  nature  of  the  proposed  improvement  and  the 
cost  thereof,  and  shall  determine,  in  the  manner  above  provided, 
the  nature  of  the  improvement  which  it  will  recommend,  and  shall 
thereupon  prepare  and  transmit  to  the  legislative  body  a  draft 
of  an  ordinance  therefor,  together  with  an  estimate  of  the  cost,  as 
above  described,  and  shall  recommend  the  passage  thereof,  which 
recommendation  shall  be  prima  facie  evidence  that  all  the  prelim- 
inary steps  required  by  law  have  been  taken;  and  thereupon  it  shall 
be  the  duty  of  such  legislative  body  to  pass  an  ordinance  for  the 
said  jinprovement,  and  take  the  necessary  steps  to  have  the  same 
carried  into  effect.  Whenever  any  ordinance  shall  provide  only 
for  the  building  or  renewing  of  any  sidewalk,  the  owner  of  any  lot 
or  piece  of  land  fronting  on  such  sidewalk  shall  be  allowed  forty 
(40)  days  after  the  time  at  which  said  ordinance  shall  take  effect 
in  which  to  build  or  renew  such  sidewalk  opposite  to  his  land,  and 
thereby  relieve  the  same  from  assessment:  Provided,  the  work 
to  be  done  shall  in  all  respects  conform  to  the  requirements  of  such 
ordinance. 

Notice  of  the  passage  of  such  ordinance  shall  be  sent  by  mail 
within  ten  days  after  such  passage  to  the  person  who  paid  taxes  the 
on  sa^-d  premises  for  the  preceding  year,  if  he  or  they  can  be  found 


ABSTRACT  OF  STATUTES  119 


in  said  county,  and  also  a  like  notice  addressed  to  the  "occupant" 
of  said  property,  if  the  same  be  at  such  time  actually  occupied  and 
an  affidavit  of  such  service  shall  be  filed  with  the  official  report  of 
such  assessment.  Such  affidavit  shall  be  prima  facie  evidence  of  a 
compHance  with  said  requirements.     (188  111.,  348.) 

378.  Special  tax.]  §  35.  When  the  ordinance  under  which 
a  local  improvement  shall  be  ordered  shall  provide  that  such  im- 
provements shall  be  made  whooly  [wholly]  or  in  part  by  special 
taxation  of  contiguous  property,  such  special  tax  shall  be  levied, 
assessed  and  collected,  as  nearly  as  may  be,  in  the  manner  provided 
in  the  section  of  this  Act  providing  for  the  mode  of  making,  assess- 
ing and  collecting  special  assessments:  Provided,  That  no  special 
tax  shall  be  levied  or  assessed  upon  any  property  to  pay  for  any 
local  improvement  in  an  amount  in  excess  of  the  special  benefit 
which  such  property  shall  receive  from  such  improvement.  Such 
ordinance  shall  not  be  deemed  conclusive  of  such  benefit,  but  the 
question  of  such  benefit  and  of  the  amount  of  such  special  tax  shall 
be  subject  to  the  review  and  determination  of  the  court,  and  be 
tried  in  the  same  manner  as  in  proceedings  by  special  assessment. 

379.  Special  assessment.]  §  36.  When  the  ordinance  under 
which  a  local  improvement  is  ordered  to  be  made,  containing  no 
provisions  for  the  condemnation  of  private  property  therefor,  shall 
provide  that  such  improvement  shall  be  wholly  or  in  part  paid  for 
by  special  assessment,  the  proceedings  for  the  making  of  such  assess- 
ment shall  be  in  accordance  with  the  following  provisions  of  this  Act. 

380.  Jurisdiction  of  courts.]  §  37.  Upon  the  passage  of  any 
ordinance  for  a  local  improvement  pursuant  thereto,  it  shall  be 
the  duty  of  the  officer  specified  therein,  to  file  a  petition  in  some 
court  of  record  in  said  county,  in  the  naine  of  such  municipality, 
praying  that  steps  be  taken  to  levy  a  special  assessment  for  the 
said  improvement,  in  accordance  with  the  provisions  of  the  said 
ordinance.  The  several  circuit,  county  and  city  courts  of  this 
state,  and  the  Superior  Court  of  Cook  county,  shall  have  jurisdiction 
of  any  proceeding  under  this  Act.  There  shall  be  attached  to  or  filed 
with  such  petition  a  copy  of  the  said  ordinance,  certified  by  the 
clerk,  under  corporate  seal;  also  a  copy  of  the  recommendation  of 
the  board  of  local  improvements,  and  of  the  estimate  of  the  cost, 
as  approved  by  the  legislative  body.  The  failure  to  file  any  or 
either  of  said  copies  shall  not  effect  the  jurisdiction  of  the  court  to 
proceed  in  said  cause,  and  to  act  upon  said  petition,  but  if  it  shall 
appear  in  any  such  cause  that  such  copies  have  not  been  attached  to 
or  filed  with  said  petition  before  the  filing  of  the  assessment  roll 
therein,  then  upon  motion  of  any  objector  for  that  purpose,  on  or 
before  the  appearance  day  in  said  cause,  the  entire  petition  and  pro- 
ceeding shall  be  dismissed :  Provided,  that  city  courts  shall  have  juris- 
diction only  within  their  respective  territorial  jurisdiction.     All  pro- 


120  ABSTRACT  OF  STATUTES 

ceedings  had  and  all  decrees,  judgments  and  orders  heretofore  entered 
in  any  city  court  in  this  state,  concerning  special  assessments  or  special 
taxes  concerning  local  improvements  within  the  territorial  jurisdic- 
tion of  said  city  court  shall  be  held  good  and  valid  as  if  done  and 
performed  under  this  Act. 

381.  Order  for  assessment.]  §  38.  Upon  the  filing  of  such 
petition,  the  superintendent  of  special  assessments,  in  cities  where 
such  officer  is  provided  for  by  law,  otherwise  some  competent  person 
appointed  by  the  president  of  the  board  of  local  improvements,  shall 
make  a  true  and  impartial  assessment  of  the  cost  of  the  said  im- 
provement, upon  the  petitioning  municipality  and  the  property 
benefited  by  such  improvement. 

382.  Apportionment  of  cost.]  §  39.  It  shall  be  the  duty  of 
such  officer  to  estimate  what  proportion  of  the  total  cost  of  such 
improvement  will  be  of  benefit  to  the  public,  and  what  proportion 
thereof  will  be  of  benefit  to  the  property  to  be  benefited,  and  to 
apportion  the  same  between  the  city,  village  or  town  and  such 
property,  so  that  each  shall  bear  its  relative  equitable  proportion; 
and,  having  found  such  amounts,  to  apportion  and  assess  the  amount 
so  found  to  be  of  benefit  to  the  property,  upon  the  several  lots, 
blocks,  tracts  and  parcels  of  land,  in  the  proportion  in  which  they 
will  be  severally  benefited  by  such  improvement :  Provided,  that  no- 
lot,  block,  tract,  or  parcel  of  land  shall  be  assessed  a  greater  amount 
than  it  will  be  actually  benefited;  and  when  the  proposed  improve- 
ment is  for  the  construction  of  a  sewer,  to  investigate  and  report 
the  district  which  will  be  benefited  by  such  proposed  sewer,  describ- 
ing the  same  by  boundaries. 

383.  Descriptions  of  property  assessed.]  §  40.  In  levying  any 
special  assessment  or  special  tax,  each  lot,  block,  tract  or  parcel 
of  land  shall  be  assessed  separately,  in  the  same  manner  as  upon 
assessment  for  general  taxation:  Provided,  That  this  requirement 
shall  not  apply  to  the  property  of  railroad  companies,  or  the  right- 
of-way  and  franchise  of  street  railway  companies,  but  the  same  may 
be  described  in  any  manner  sufficient  to  reasonably  identify  the 
property  intended  to  be  assessed. 

384.  Assessment  roll — notices.]  §41.  The  assessment  roll  shall 
contain  a  list  of  all  lots,  blocks,  tracts  and  parcels  of  land  as  essed 
for  the  proposed  improvement,  the  amount  assessed  against  each, 
the  name  of  the  person  who  paid  the  taxes  on  each  such  parcel 
during  the  last  preceding  calendar  year  in  which  taxes  were  paid, 
as  ascertained  upon  investigation  by  the  officer  making  the  return, 
or  under  his  direction,  the  residence  of  the  person  so  paying  the 
taxes  on  x;aeh  such  parcel  if  the  same  can,  on  dihgcnt  inquiry,  be 
found;  in  case  of  assessment  in  installments  the  amount  of  each  in- 
stallment shall  also  be  stated;  and  the  officer  making  such  roll  shall 


ABSTRACT  OF  STATUTES  121 

certify  under  oath  that  he  verily  beHeves  that  the  amounts  assessed 
against  the  pubHc  and  each  parcel  of  property  are  just  and  equitable, 
and  do  not  exceed  the  benefit  which  will  in  each  case  be  derived 
from  said  improvement,  and  that  no  lot,  block,  tract  or  parcel 
of  land  has  been  assessed  more  than  its  proportionate  share  of  the 
cost  of  said  improvement. 

Several  lots,  or  parts  of  land,  owned  and  improved  as  one  parcel, 
may  be  assessed  as  one  parcel. 

Unsubdivided  tracts  of  land  may,  for  the  purpose  of  spreading 
assessments  for  house  drains  and  water  service  pipes,  be  divided  into 
lots  of  a  frontage  of  twenty-five  (25)  feet  each;  and  any  fraction 
of  frontage  then  remaining  may  be  assessed  as  a  fractional  lot. 

Notice  shall  be  given  of  the  nature  of  the  improvement,  of  the 
pendency  of  said  proceeding,  of  the  time  and  place  of  filing  the 
petition  therefor,  of  the  time  and  place  of  filing-  the  assessment  roll 
therein,  and  of  the  time  and  place  at  which  application  will  be 
made  for  confirmation  of  the  assessment,  the  same  to  be  not  less 
than  fifteen  (15)  days  after  the  mailing  of  such  notices.  Such 
notices  shall  be  sent  by  mail  postpaid  to  each  of  the  said  persons 
paying  the  taxes  on  the  respective  parcels  during  the  last  preceding 
year  in  which  taxes  were  paid,  at  his  residence  as  shown  in  the 
assessment  roll,  or,  if  not  shown,  then  to  such  person  so  paying  the 
taxes,  directed  generally  to  the  city,  village  or  town  in  which  said 
improvement  is  proposed  to  be  made. 

Such  notice  shall  state  the  amount  assessed  to  the  person  to 
whom  the  same  is  directed  for  the  improvement  proposed,  the  total 
amount  of  the  cost  of  said  improvement,  and  the  total  amount 
assessed  as  benefits  upon  the  public.  An  affidavit  shall  be  filed  be- 
fore the  final  hearing  showing  a  compliance  with  the  requirements 
of  this  section,  and  also  showing  that  the  afifiant  (either  the  officer 
making  the  said  return,  or  some  one  acting  under  his  direction) 
made  a  careful  examination  of  the  collector's  books  showing  the 
pajrments  of  general  taxes  during  the  last  preceding  year  in  which 
the  taxes  were  paid  theron,  to  ascertain  the  person  or  persons  who 
last  paid  the  taxes  on  said  respective  parcels,  and  a  diligent  search 
for  their  residences,  and  that  the  report  correctly  states  the  same  as 
ascertained  by  the  affiant ;  and  said  report  and  affidavit  shall  be  con- 
clusive evidence,  for  the  purpose  of  said  proceeding,  of  the  correct- 
ness of  the  assessment  roll  in  said  particulars;  but  in  case  the  said 
affidavit  shall  be  found  in  any  respect  wilfully  false,  the  person  mak- 
making  the  same  shall  be  deemed  guilty  of  perjury,  and  subject  to 
the  pains  and  penalties  provided  for  such  offense  by  the  laws  of  this 
state.     (236  111.,  129.) 

385.    Division    into    installments — payment    of    interest.]     §  42. 

It  shall  be  lawful  to  provide  by  the  ordinance  for  any  local  im- 
provement, any  portion  of  the  cost  of  which  is  to  be  defrayed  by 


122  ABSTRACT  OF  STATUTES 


special  assessment  or  special  taxation,  or  by  ordinance  passed  at  any 
time  before  the  confirmation  of  the  assessment  roll,  that  the  aggregate 
amount  assessed,  and  each  individual  assessment,  and  also  the  as- 
sessment against  the  municipality  on  account  of  property  owned  by 
the  municiimlity  and  for  public  benefits,  be  divided  into  installments, 
not  more  than  ten  (10)  in  number:  Provided,  however,  that  any  such 
special  assessment  or  special  tax  levy  for  building  sewers,  subways 
or  \'iaducts  may  in  like  manner  be  divided  into  not  exceeding  twenty 
(20)  installments.  In  all  cases  such  divisions  shall  be  made  so  that 
all  installments  shall  be  equal  in  amount,  except  that  all  fractional 
amounts  shall  be  added  to  the  first  installment,  so  as  to  leave  the 
remaining  installments  of  the  aggregate  equal  in  amount  and  each 
a  multiple  of  one  hundred  dollars  ($100).  The  first  installment 
shall  be  due  and  payable  on  the  second  day  of  January  next  after 
the  date  of  the  first  voucher  issued  on  account  of  work  done,  and 
the  second  installment  one  (1)  year  thereafter,  and  so  on  annually 
until  all  installments  are  paid;  and  it  is  hereby  made  the  duty  of  the 
board  of  local  improvements  to  file  in  the  office  of  the  clerk  of  the 
court  in  which  such  assessment  was  confirmed  a  certificate,  signed 
by  its  secretary,  of  the  date  of  said  first  voucher  and  of  the  amount 
thereof,  within  thirty  (30)  days  after  the  issuance  thereof.  All  in- 
stallments shall  bear  interest  as  hereinafter  provided  until  paid,  at 
the  rate  of  five  (5)  per  centum  per  annum.  Interest  on  assessments 
shall  begin  to  run  from  the  date  of  the  first  voucher  issued  on  ac- 
count of  work  done  as  aforesaid.  The  interest  on  each  installment 
shall  be  payable  as  follows :  On  the  second  day  of  January  next  suc- 
ceeding the  date  of  the  first  voucher  aforesaid,  so  certified  as  afore- 
said, the  interest  accrued  up  to  that  time  on  all  unpaid  installments 
shall  be  due  and  payable  and  be  collected  with  the  installment,  and 
thereafter  the  interest  on  all  unpaid  installments,  then  payable,  shall 
be  payable  annually,  and  be  due  and  payable  at  the  same  time  as 
the  installments  maturing  in  such  year  and  be  collected  therewith. 
In  all  cases  it  shall  be  the  duty  of  the  municipal  collectors,  as  the 
case  may  be,  whenever  payment  is  made  of  any  installment,  to  col- 
lect interest  thereon  up  to  the  date  of  such  payment,  whether  such 
payment  be  made  at  or  after  maturity.  Any  person  may  at  any 
time  pay  the  whole  assessment  against  any  lot,  piece  or  parcel  of 
land,  or  any  installment  thereof,  with  interest  as  provided  herein 
up  to  the  date  of  payment.  Whenever  any  city,  town  or  village  has 
heretofore  levied  for  any  public  improvement  a  special  tax  or  a 
special  assessment,  payable  in  not  to  exceed  ten  (10)  installments, 
of  which  all  except  the  first  draw  interest  at  any  rate  specified  in 
the  ordinance  under  the  authority  of  which  such  improvement  is 
made,  not  exceeding  five  (5)  per  cent,  per  annum,  and  judgment 
has  been  duly  entered  in  such  proceeding  confimiing  such  tax  or 
such  assessment,  payable  as  aforesaid,  the  judgment  in  such  pro- 
ceeding shall  not  be  invalid  because  said  assessment  is  so  divided  or 


ABSTRACT  OF  STATUTES  123 


because  the  rate  of  interest  therein  is  fixed  at  five  or  at  four  per  cent, 
as  the  case  may  be,  but  all  such  judgments,  unless  void  for  other 
reason,  shall  be  valid  and  enforcible.  And  when  improvement 
bonds  shall  have  been  issued  for  the  purpose  of  anticipating  the 
collection  of  the  deferred  installments  of  any  such  special  tax  or 
assessment,  such  bonds  shall  not,  if  otherwise  valid,  be  void  either 
because  of  the  number  of  series  into  which  they  are  divided  or  the 
rate  of  interest  they  bear;  but  if  such  bonds  are  in  other  respects  in 
compliance  with  the  statute  of  the  State  of  Illinois  in  such  case 
made  and  provided,  they  shall  be  valid  and  enforceable  to  the  extent 
that  the  tax  or  assessment  against  which  they  are  levied  is  enforce- 
able, or  any  re-levy  thereof.  The  provisions  of  this  section  as  to 
the  division  of  installments  and  rate  of  interest  shall  apply  to  all 
■cases  pending  in  court  and  unconfirmed  on  July  1,  1903. 

386.  Retirement  of  bonds  annually.]  §  43.  On  or  before 
January  tenth  of  each  year  the  treasurer  of  the  municipality  issu- 
ing such  bonds,  or  some  other  officer  designated  by  ordinance  for 
that  purpose,  shall  ascertain  the  amount  of  such  assessment  col- 
lected and  applicable  to  the  payment  of  bonds  of  each  series  unma- 
tured, and  shall  select  by  lot  bonds  of  series,  to  such  amount,  to  be 
paid  therewith,  and  shall  give  notice  in  some  newspaper  published 
in  such  municipality  (or  if  none  be  so  published,  then  in  the  nearest 
newspaper),  of  the  number  of  bonds  to  be  so  paid,  the  series  thereof, 
the  assessment  to  which  they  relate,  and  the  particular  bonds  so 
selected  to  be  paid,  and  that  the  same  will  be  paid,  at  a  place  to  be 
specified,  on  the  tenth  day  of  February  next  following.  And,  there- 
upon, from  and  after  said  tenth  day  of  February,  said  bonds  shall 
be  payable,  at  the  place  so  appointed,  on  demand,  and  no  further 
interest  shall  accrue  thereon. 

387.  Notice  by  posting  and  publication.]  §  44.  Petitioner  shall, 
in  addition  to  other  notices  hereinbefore  provided  for,  cause  at 
least  fifteen  (15)  days'  notice  to  be  given  prior  to  the  time  at  which 
confirmation  of  said  assessment  shall  be  sought,  by  posting  notices 
in  at  least  four  public  places  in  such  city  or  village,  all  of  which  shall 
be  in  the  neighborhood  of  such  proposed  improvement,  and  by  pub- 
lishing the  same  at  least  five  successive  days  in  some  daily  new- 
paper  of  said  city,  village  or  town;  or,  if  no  daily  newspaper  is  pub- 
lished in  such  city,  village  or  town,  and  a  weekly  paper  is  pub- 
lished therein,  then  at  least  once  in  each  week  for  two  successive 
weeks  in  some  weekly  newspaper;  or  if  no  daily  nor  weekly  news- 
paper is  published  in  such  city,  village  or  town,  then  at  least  once 
in  each  week  for  two  successive  weeks  in  some  other  newspaper 
published  in  the  county  in  which  said  city,  village  or  town  is  situated. 
Where  other  corporate  authorities  having  power  to  make  use  of 
the  provisions  of  this  Act  shall  do  so,  the  notice  may  be  published 
in  any  daily  or  weekly  newspaper  in  the  county  in  which  such  pro- 


124  ABSTRACT  OF  STATUTES 


ceeding  shall  be  had.     The  notice  shall  be  over  the  name  of  the  officer 
levying  such  assessment,  and  be  substantially  as  follows: 

"SPECIAL  ASSESSMENT  NOTICE." 

"Notice  is  hereby  given  to  all  persons  interested  that  the  city  council  (or 

board  of  trustees,  or  other  corporate  authorities,  as  the  case  may  be)  of 

having  ordered  that  (here  insert  a  brief  description  of  the  nature  of 

the  improvement)  the  ordinance  for  the  SMme  being  on  file  in  the  office  of  the 

clerk  having  appHed  to  the court  of 

county  for  an  assessment  of  the  costs  of  said  improvement  according  to  benefits, 
and  an  assessment  therefor  having  been  made  and  returned  to  said  court,  the 

final  hearing  thereon  will  be  had  on  the day  of A.  D. 

19...   .,  or  as  soon  thereafter  as  the  business  of  the  court  will  permit.     All  persons 
desiring  may  file  objections  in  said  court  before  said  day,  and  may  appear  on  the 
hearing  and  make  their  defense." 
(Here  give  date.) 


Where  the  assessment  is  payable  in  installments,  the  number  of 
installments  and  the  rate  of  interest  shall  also  be  stated. 

388.  Continuance  for  notice.]  §  45.  If  fifteen  days  shall  not 
have  elapsed  between  the  first  publication,  or  the  putting  up  of 
such  notice,  and  the  day  fixed  in  said  notice  for  filing  objections, 
said  cause  shall  be  continued  until  the  next  term  of  the  court,  at  or 
prior  to  which  time  objections  may  be  filed  with  the  same  effect  as 
if  within  said  fifteen  days. 

389.  Objections.]  §  46.  Any  person  interested  in  any  real 
estate  to  be  affected  by  such  assessment  may  appear  and  file  objec- 
tions to  such  report,  by  the  time  mentioned  in  said  notice,  or  in  case 
of  incomplete  notice,  then  as  specified  in  the  last  preceding  section, 
or  within  such  further  time  as  the  court  may  allow,  and  the  court 
may  make  such  order  in  regard  to  the  time  of  filing  such  objections 
as  may  be  made  in  cases  at  law  in  regard  to  filing  pleas;  but  no  prior 
rule  need  be  taken  therefor  unless  directed  by  the  court;  As  to 
lots,  blocks,  tracts  and  parcels  of  land,  to  the  assessment  of  which 
objections  are  not  filed  within  the  time  aforesaid,  or  such  other  time 
as  may  be  ordered  by  the  court,  default  may  be  entered,  and  the 
assessment  confirmed  by  the  court,  notwithstanding  objections  may 
be  pending  and  undisposed  of  as  to  other  property. 

390.  Review  of  roll  by  the  court.]  §  47.  Upon  objection 
or  motion  for  that  purpose,  the  court  in  which  said  proceeding 
is  pending  may,  in  a  summary  way,  inquire  whether  the  officer  mak- 
ing the  report  has  omitted  any  property  benefited;  also  whether  or 
not  the  assessment,  as  made  and  returned,  is  an  equitable  and  just 
distribution  of  the  cost  of  said  improvement,  first  between  the  pub- 
lic and  the  property;  and,  second,  among  the  parcels  of  property 
assessed.  The  court  shall  have  the  power,  on  such  application  be- 
ing made,  to  revise  and  correct  the  assessment  levied,  to  change  or 
modifv  the  distribution  of  the  total  cost  between  the  public  and 


ABSTRACT  OF  STATUTES  125 

property  benefited,  and  also  to  change  the  manner  of  distribution 
among  the  parcels  of  private  property,  so  as  to  produce  a  just  and 
equitable  assessment,  considering  the  nature  of  the  property  assessed, 
and  its  capacity  for  immediate  use  of  the  improvement  when  com- 
pleted. The  court  may  either  make  such  corrections  or  changes, 
or  determine  in  general  the  manner  in  which  the  same  shall  be  made, 
and  refer  the  assessment  roll  to  the  person  filing  the  same  for  re- 
vision and  correction.  The  determination  of  the  court  as  to  the 
correctness  of  the  distribution  of  the  cost  of  the  improvement  be- 
tween the  public  and  the  property  to  be  assessed  shall  be  conclusive 
and  not  subject  to  review  on  appeal  or  writ  of  error.     ( 1 85  111. ,  280.) 

391.  Hearing  of  legal  objections.]  §  48.  On  the  applica- 
tion of  petitioner,  at  any  time  after  the  return  day,  the  court  may 
set  down  all  objections,  except  the  objection  that  the  property  of 
the  objector  will  not  be  benefited  to  the  amount  assessed  against  it, 
and  that  said  property  is  assessed  more  than  its  proportionate  share 
of  the  cost  of  such  improvement,  for  a  hearing  at  a  time  to  be  fixed 
by  the  court,  and  upon  such  hearing  the  court  shall  determine  all 
questions  relating  to  the  sufficiency  of  the  proceedings,  the  dis- 
tribution of  the  cost  of  the  improvement  between  the  public  and  the 
property,  and  of  the  benefits  between  the  different  parcels  of  prop- 
erty assessed,  together  with  all  other  question  arising  in  such  pro- 
ceeding, with  the  exception  aforesaid,  and  shall  thereupon  enter  an 
order  in  accordance  with  the  conclusions  it  shall  reach;  but  such 
order  shall  not  be  deemed  a  final  disposition  of  any  such  questions 
for  the  purpose  of  appeal,  unless  objectors  shall  waive  further  con- 
troversy as  to  the  remaining  question  upon  the  record. 

392.  Trial  by  jury.]  §  49.  If  it  be  objected  on  the  part  of 
any  property  assessed  for  such  improvement  that  it  will  not  be  bene- 
fited thereby  to  the  amount  assessed  thereon,  and  that  it  is  assessed 
more  than  its  proportionate  share  of  the  cost  of  such  improvement, 
and  a  jury  be  not  waived  by  agreement  of  parties,  the  court  shall 
impanel  a  jury  to  try  the  said  issue,  and  in  such  case,  unless  other- 
wise ordered  by  the  court,  all  such  objections  shall  be  tried  and  dis- 
posed of  before  a  single  jury.  The  assessment  roll,  as  returned  by 
the  officer  making  the  same,  or  as  revised  and  corrected  by  the 
court  on  the  hearing  of  the  legal  objections,  shall  be  prima  facie 
evidence  of  the  correctness  of  the  amount  assessed  against  each  ob- 
jecting owner,  but  shall  not  be  counted  as  the  testimony  of  any  wit- 
ness or  witnesses  in  the  cause.  Either  party  may  introduce  such 
other  evidence  as  may  bear  upon  the  said  issue  or  issues.  The  hear- 
ing shall  be  conducted  as  in  other  cases  at  law,  and  if  it  shall  appear 
that  the  premises  of  any  objector  are  assessed  more  than  they  will 
be  benefited  by  the  said  improvement  or  more  than  its  proportionate 
share  of  the  cost  of  such  improvement,  the  jury  shall  so  find,  and 


126  ABSTRACT  OF  STATUTES 

shall  also  find  the  amount  for  which  such  ]jrcmises  ought  to  be  as- 
sessed, and  judgment  shall  be  rendered  accordingly, 

393.  Distribution  of  deficiency.]  §  50.  Wherever,  on  a  hear- 
ing by  the  coi;rt,  or  before  a  jury,  the  amount  of  any  assessment 
shall  be  rendered  [reduced]  or  canceled,  so  that  there  shall  be  a 
deficiency  in  the  total  amount  remaining  assessed  in  the  proceed- 
ing, the  court  shall  have  the  power,  in  the  same  proceeding,  to  dis- 
tribute such  deficiency  upon  the  other  j^roperty  in  the  district  assessed, 
in  such  manner  as  the  ( ourt  shall  find  to  be  just  and  equitable,  not 
exceeding,  however,  the  amount  it  will  be  benefited  by  said  improve- 
ment. In  case  any  portion  of  such  deficiency  be  charged  against 
such  property  not  represented  in  court,  a  new  notice,  of  the  same 
nature  as  the  original  notice,  shall  be  given  in  like  manner  as  the 
original  notice,  to  show  the  cause  why  the  said  assessment,  as  thus 
increased,  should  not  be  confirmed,  and  the  owners  of  or  parties 
interested  in  such  property  shall  have  the  right  to  object  in  the  same 
form  and  with  the  same  effect  as  in  case  of  the  original  assessment, 
and  the  court  shall  have  the  same  power  to  dispose  thereof. 

394.  Precedence  for  trial.]  §  51.  The  hearing  in  all  the  eases 
arising  under  this  Act,  if  in  the  County  Court,  may  be  had  at  either 
a  law  or  a  probate  term  of  said  court;  and  such  proceedings  shall 
have  precedence  over  all  others  cases  in  any  court  where  the  same 
shall  be  brought,  except  criminal  cases  or  other  cases  in  which  the 
public  is  a  moving  party. 

395.  Modification  by  court.]  §  52.  The  court  before  which 
any  such  proceedings  may  be  pending  shall  have  authority  to  modify, 
alter,  change,  annul  or  confirm  any  assessment  returned  as  afore- 
said, in  addition  to  the  authority  already  conferred  upon  it,  and 
may  take  "all  such  proceedings,  and  make  all  such  orders,  as  may 
be  necessary  to  make  a  true  and  just  assessment  of  the  cost  of  such 
improvement,  according  to  the  principles  of  this  Act,  and  may  from 
time  to  time,  as  may  be  necessary,  continue  the  application  for  that 
purpose,  as  to  the  whole  or  any  part  of  the  premises. 

396.  Land  to  be  first  acquired.]  §  53.  No  special  assessment 
or  special  tax  shall  be  levied  for  any  local  improvement  until  the 
land  necessary  therefor  ;  hall  be  acquired  and  in  possession  of  the 
municipality,  except  in  eases  where  proceedings  to  acquire  such  land 
shall  have  been  begun,  and  proceeded  to  judgment. 

397.  Prior   improvement    of    same    kind    no    objection.]     §  54. 

It  shall  be  no  objection  to  the  legality  of  any  local  improvement, 
that  a  similar  one  shall  have  been  previously  made  in  the  same 
locality,  if  the  ordinance  therefor  be  recommended  by  the  board  of 
local  improvements,  as  above  provided;  but  nothing  herein  con- 
tained shall  be  construed  to  interfere  with  any  defense  in  said  pro- 
ceeding relating  to  the  benefits  received  therefrom. 


ABSTRACT  OF  STATUTES  127 

398.  Judgment  on  installment  assessments.]  §  55.  In  case 
of  a  special  assessment  or  a  special  tax  levied  to  be  paid  by  install- 
ments, under  the  provisions  of  this  Act,  the  order  of  confirmation 
that  shall  be  entered  upon  the  return  of  the  assessment  roll  shall 
apply  to  all  of  the  installments  thereof,  and  may  be  entered  in  one 
order. 

399.  Effect  of  judgment.]  §  56.  The  judgments  of  the  court 
shall  be  final  as  to  all  the  issues  involved,  and  the  proceedings  in 
said  cause  shall  be  subject  to  review  by  appeal  or  writ  of  error,  as 
hereinafter  provided,  and  not  otherwise :  Provided,  however,  that  by 
mutual  consent  the  same  may  be  vacated  or  modified  at  a  subsequent 
terni,  except  as  hereinafter  provided. 

Such  judgments  shall  have  the  effect  of  several  judgments  as  to 
each  tract  or  parcel  of  land  assessed,  and  no  appeal  from  any  such 
judgment  or  writ  of  error  shall  invalidate  or  delay  the  judgments, 
except  as  to  the  property  concerning  which  the  appeal  or  writ  of 
error  is  taken.  Such  judgments  shall  be  a  lien  upon  the  property 
assessed  from  the  date  thereof,  to  the  same  extent  and  of  equal  force 
and  validity  as  a  lien  for  the  general  taxes,  for  a  period  of  five  years, 
if  such  assessment  is  payable  in  a  single  sum;  if  payable  by  install- 
ments, then  until  five  years  after  the  lasc  installment  comes  due. 
Nothing  in  this  section  contained  shall  interfere  with  the  right  of 
the  petitioner  to  dismiss  its  proceedings,  and  for  that  purpose  to 
vacate  such  judgment  at  its  election  at  any  time  before  commencing 
the  actual  collection  of  such  assessment,  and  no  judgment  entered 
in  such  proceeding  so  dismissed  and  vacated  shall  be  a  bar  to  another 
like  or  different  improvement :  Provided  that  after  the  contract  for 
the  work  shall  have  been  entered  into,  or  the  bonds  mentioned  in 
this  Act  issued,  no  judgment  shall  be  vacated  or  modified  or  any 
petition  dismissed  at  a  term  subsequent  to  that  at  which  the  judg- 
ment was  rendered,  nor  the  collection  of  the  assessment  be  in  any 
way  stayed  or  delayed  by  the  council  or  board  of  trustees,  or  board 
of  local  improvements,  or  any  officer  of  the  municipality,  without 
the  consent  of  the  contractor  and  bondholder. 

400.  Vacation  of  assessment — new  assessment.]  §  57.  If  any 
assessment  shall  be  annulled  by  the  city  council  or  board  of  trustees, 
or  set  aside  by  any  court,  a  new  assessment  may  be  made  and  re- 
turned, and  like  notice  given  and  proceedings  had  as  herein  required 
in  relation  to  the  first;  and  all  parties  in  interest  shall  have  like 
rights,  and  the  city  council  or  board  of  trustees  and  the  court  shall 
perform  like  duties  and  have  like  power  in  relation  to  any  subse- 
quent assessment  as  are  hereby  given  in  relation  to  the  first  assess- 
ment. 

401.  New  assessments  for  completed  work.]  §  58.  No  special 
assessment  shall  be  held  void  because  levied  for  work  already  done 
under  a  prior  ordinance,  if  it  shall  appear  that  such  work  was  done 


128  ABSTRACT  OF  STATUTES 

in  good  faith,  by  the  contracts  duly  let  and  executed,  pursuant 
to  an  ordinance  j^roviding  that  such  improvement  should  be  paid  for 
by  special  assessment  or  special  tax.  This  provision  shall  only  apply 
when  the  prior  ordinance  shall  be  held  insufficient  for  the  purpose 
of  such  assessment,  or  otherwise  defective,  so  that  the  collection  of 
the  assessment  therein  provided  for  becomes  impossible.  A  new  or 
special  ordinance  shall  in  such  case  be  passed  providing  for  such 
assessment,  and  such  ordinance  need  not  be  presented  by  the  board 
of  local  improvements. 

402.  Supplemental  assessments — rebates.]  §  59.  At  any  time 
after  bids  have  been  received  pursuant  to  the  provisions  of  this  Act, 
if  it  shall  appear  to  the  satisfaction  of  the  board  of  local  improvements 
that  the  first  assessment  is  insufficient  to  pay  the  contract  price,  or 
the  bonds  or  vouchers  issued  or  to  be  issued  in  payemnt  of  such  con- 
tract price,  together  with  the  amount  required  to  pay  the  accruing 
interest  thereon,  said  board  shall  make  and  file  an  estimate  of  the 
amount  of  such  deficiency,  and  thereupon  a  second  or  supplemental 
assessment  for  such  estimated  deficiency  of  the  cost  of  the  work 
and  interest  may  be  made  in  the  same  manner  as  nearly  as  mav  be  as 
in  the  first  assessment,  and  so  on  until  sxifficient  mone}'  shall  have 
been  realized  to  pay  for  such  improvement  and  such  interest.  It  shall  be 
no  objection  to  such  assessment  that  the  prior  assessment  has  been 
levied,  adjudicated  and  collected,  unless  it  shall  appear  that  in  such 
prior  cause  upon  proper  issue  made,  it  was  specially  found  in  terms, 
that  the  property  objected  for  would  be  benefited  by  said  improve- 
ment no  more  than  the  amount  assessed  against  it  in  such  prior  pro- 
ceedings. If  too  large  a  sum  shall  at  any  time  be  raised,  the  excess 
shall  be  refunded  ratably  to  those  against  whom  the  assessment 
was  made:  Provided,  however,  the  petitioner,  in  case  it  so  elects, 
may  dismiss  the  petition  and  vacate  the  judgm.ent  of  confirmation 
either  at  or  after  the  term  at  which  the  judgment  of  confirmation  is 
rendered,  and  begin  new  proceedings  for  the  same  or  a  different  im- 
provement as  provided  in  section  56  of  this  Act,  as  amended :  Pro- 
vided, further,  that  if  said  estimated  deficiency  shall  exceed  ten  per 
centum  of  the  original  estimate,  then  a  public  hearing  shall  be  had 
on  said  supplemental  proceeding  in  like  manner  as  in  the  original 
proceedings:  And,  provided,  further,  that  no  more  than  one  supple- 
mental assessment  shall  be  levied  to  meet  any  deficiency  where  said 
deficiency  is  caused  by  the  original  estimate  made  by  the  engineer, 
being  insufficient. 

403.  New  assessment  against  delinquents.]  §  60.  If  from  any 
cause  any  city,  village  or  town  shall  fail  to  collect  the  whole  or  any 
portion  of  any  special  assessment  or  special  tax  which  may  be  levied 
which  shall  not  be  canceled  or  set  aside  by  the  order  of  any  court,  for 
any  public  improvement  authorized  to  be  made  and  paid  for  by  a 
special  assessment  or  a  special  tax,  the  city  council  or  board  of  trus- 


ABSTRACT  OF  STATUTES  129 

tees  may,  at  any  time  within  five  years  after  the  the  confirmation 
of  the  original  assessment,  direct  a  new  assessment  to  be  made  upon 
the  delinquent  property  for  the  amount  of  such  deficiency  and  inter- 
est thereon  from  the  date  of  such  original  assessment,  which  assess- 
ment shall  be  made,  as  nearly  as  may  be,  in  the  same  manner  as  herein 
prescribed  for  the  first  assessment.  In  all  cases  where  partial  pay- 
ments shall  have  been  made  on  such  former  assessinents,  they  shall 
be  credited  or  allowed  on  the  new  assessment  to  the  property  for  which 
they  were  made,  so  that  the  assessment  shall  be  equal  and  impartial 
in  its  results.  If  such  new  assessment  prove  insufficient,  either  in 
whole  or  in  part,  the  city  council  or  board  of  trustees  may,  at  any 
time  within  said  period  of  five  years,  order  a  third  to  be  levied,  and 
so  on  in  the  same  manner  and  for  the  same  purpose ;  and  it  shall  con- 
stitute no  legal  objection  to  such  assessment  that  the  property  may 
have  changed  hands,  or  been  encumbered,  subsequent  to  the  date 
of  the  original  assessment. 

404.  Certifying  roll.]  §  61.  Within  thirty  (30)  days  after  the 
fili  ng  of  the  report  of  the  amount  and  date  of  the  first  voucher  issued 
on  account  of  work  done,  as  provided  in  section  42  of  this  Act  as 
herein  amended,  the  clerk  of  the  court  in  which  such  judgment  is 
rendered  shall  certify  the  assessment  roll  and  judgment  to  the 
officer  of  such  city,  village  or  town,  authorized  to  collect  such  special 
assessment;  or,  if  there  has  been  an  appeal  or  writ  of  error  taken 
on  any  part  of  such  judgment,  then  he  shall  certify  such  part  of  the 
judgment  as  is  not  included  in  such  appeal  or  writ  of  error,  and 
such  certification  shall  be  filed  by  the  officer  receiving  the  same 
in  his  office.  With  such  assessment  roll  and  judgment  the  clerk  of 
such  court  shall  also  issue  a  warrant  for  the  collection  of  such  as- 
sessment. The  court  shall  have  power  to  recall  such  warrants  as 
to  all  or  any  of  the  property  affected  at  any  time  before  payment  or 
sale,  in  case  the  proceedings  be  abandoned  by  the  petitioner  or  the 
judgment  be  vacated  or  modified  in  a  material  respect  as  hereinbe- 
fore provided,  but  not  otherwise,  and  in  case  said  assessment  roll 
has  been  abated  and  the  judgment  reduced  in  accordance  with 
the  provisions  of  section  eighty-four  (84)  of  this  Act,  the  clerk  of 
said  court  shall,  within  thirty  (30)  days  thereafter,  certify  the  said 
order  of  reduction  or  the  said  roll  as  so  reduced  or  re-cast,  under 
the  directions  of  the  court,  to  said  officer  so  authorized  to  collect 
such  special  assessment,  and  shall  issue  a  warrant  for  the  collection 
of  such  assessment  as  so  reduced  or  re-cast. 

405.  Effect  of  issue  of  warrant.]  §  61a.  Whenever  any  warrant 
shall  be  issued  by  the  clerk  of  the  court  in  which  the  judgment  of 
confirmation  is  rendered,  for  the  collection  of  any  special  assess- 
ment to  which  this  amendatory  Act  relates,  such  warrant  shall 
not  authorize  the  collection  of  any  assessment  levied  against  the 
city,  town  or  village  for  or  on  account  of  public  benefits;  but  said 


130  ABSTRACT  OF  STATUTES 


clerk  shall  likewise  certify  the  assessment  roll  and  judgment  to  the 
clerk  or  comptroller,  if  any,  of  such  city,  town  or  village  upon  being 
requested  so  to  do  by  such  clerk.  The  several  and  respective  install- 
ments of  the  amounts  that  may  be  assessed  against  the  city,  town 
or  village  for  and  on  account  of  benefits  and  confirmed  by  the  court, 
shall  be  paid  out  by  the  treasurer  of  the  city,  town  or  village  from  and 
out  of  any  moneys  arising  from  the  collection  of  the  direct  annual 
tax  provided  for  in  and  by  section  33a  of  this  amendatory  Act,  and 
out  of  any  other  moneys  in  his  hands  that  may  be  used  for  that 
purpose  whenever  he  shall  be  legally  authorized  so  to  do  by  an  ordi- 
nance of  said  city,  town  or  village.  Any  such  city,  town  or  village 
may  pay  for  any  land  to  be  taken  or  damaged  in  the  making  of  any 
local  improvement  to  which  this  amendatory  Act  relates,  before  any 
such  assessment  or  any  installment  thereof  shall  become  due,  and 
when  the  same  becomes  due,  the  amount  so  paid  shall  be  credited 
upon  the  assessment  against  the  city,  town  or  village  so  paying 
in  advance. 

406.  Warrant  to  collector.]  §  62.  Should  an  appeal  or  writ  of 
error  be  taken  on  any  part  of  such  judgment,  and  the  board  elect 
to  proceed  with  the  improvement,  notwithstanding  such  an  appeal, 
as  provided  for  in  section  seventy-five  (75)  of  this  Act,  the  clerk 
shall  certify  such  appealed  portion,  from  time  to  time,  in  the  manner 
above  mentioned,  as  the  judgment  is  rendered  thereon,  and  the 
warrant  accompanying  such  certificate  in  each  case  shall  be  author- 
ity for  the  collection  of  so  much  of  such  assessment  as  shall  be  in- 
cluded in  the  portion  of  the  roll  thereto  attached.  The  warrant 
in  all  cases  of  assessment,  under  this  Act,  shall  contain  a  copy  of 
such  certificate  of  the  judgment  describing  lots,  blocks,  tracts  and 
parcels  of  land  assessed  so  far  as  they  shall  be  contained  in  the  por- 
tion of  the  roll  so  certified,  and  the  respective  amount  assessed  on  each 
lot,  block,  tract  or  parcel  of  land,  and  shall  be  delivered  to  the  officer 
authorized  to  collect  such  special  assessment.  The  collector  having 
a  warrant  for  any  assessment  levied  to  be  paid  by  installments  may 
receive  any  or  all  of  the  installments  of  such  assessment,  but  if  in 
part  only,  then  in  their   order. 

407.  Collector's  notice.]  §  63.  The  collector  receiving  such 
warrant  shall  immediately  give  notice  thereof  by  publishing  a  notice 
in  one  or  more  newspapers  in  such  city,  town  or  village,  if  such  news- 
paper is  there;  and  if  there  is  no  such  newspaper,  then  by  posting 
fotir  copies  thereof  in  public  places  along  the  line  of  the  proposed 
improvement;  such  notice  may  be  substantially  in  the  following 
form: 

SPECIAL  ASSESSMENT  NOTICE. 

Special  Warrant,  No 

Notice:     Public  notice  is  hereby  given  that  the  (here  insert  title  of  court) 
has  rendered  judgment  for  a  special  assessment  (or  special  tax)  upon  property 


ABSTRACT  OF  STATUTES 131 

benefited  by  the  following  improvement:  (here  describe  the  character  and 
location  of  the  improvement  in  general  terms),  as  will  more  fully  appear  from 
the  certified  copy  of  the  judgment  on  file  in  my  office;  that  the  warrant  for  the 
collection  of  such  assessment  (or  special  tax)  is  in  the  hands  of  the  undersigned. 
All  persons  interested  are  hereby  notified  to  call  and  pay  the  amount  assessed  at 
the  collector's  office,  (here  insert  location  of  office,)  within  thirty  days  from  the 
date  hereof. 

Dated  this day  of A.  D.  19  .... 

Collector. 

When  such  assessment  or  special  tax  is  levied  to  be  paid  in  in- 
stallments, such  notice  shall,  in  addition  to  the  foregoing,  contain 
the  amount  of  each  installment,  the  rate  of  interest  deferred  install- 
ments bear,  the  date  when  payable. 

408.  Collector's    demand — penalty — entry    of    payment.]     §  64. 

It  shall  be  the  duty  of  the  collector  into  whose  hands  the  warrant 
shall  come,  as  far  as  practicable,  to  call  upon  all  persons,  resident 
within  the  neighborhood,  whose  names  appear  upon  the  assessment 
roll,  or  the  occupants  of  the  property  assessed,  and  personally, 
or  by  written  or  printed  notices  left  at  his  or  her  usual  place  of  abode, 
inform  them  of  such  special  assessment,  and  request  payment  o'  the 
same. 

Any  such  collector  omitting  to  do  so  shall  be  liable  to  a  penalty 
of  ten  dollars  for  every  such  omission,  but  the  validity  of  the  special 
assessment,  or  the  right  to  apply  for  and  obtain  judgment  thereon, 
shall  not  be  affected  by  such  omission.  It  shall  be  the  duty  of 
such  collector  to  write  the  word  "paid"  opposite  each  tract  or  lot 
on  which  the  assessment  is  paid,  together  with  the  name  and  post- 
ofifice  address  of  the  person  making  the  pa>Tnent,  and  the  date  of 
payment. 

409.  Report  of  collector  of  delinquent  list  to  general  officer.] 

§  65.  It  shall  be  the  duty  of  the  collector  on  or  before  the  first  day 
of  April  in  each  year,  to  make  a  report  in  writing  to  the  general 
officer  of  the  county  authorized  or  to  be  designated  by  the  general 
revenue  laws  of  this  state  to  apply  for  judgment  and  sell  lands  for 
taxes  due  the  county  and  state,  of  all  the  land,  town  lots,  and  real 
property  on  which  he  shall  be  unable  to  collect  special  assessments, 
or  installments  thereof  matured  and  payable,  or  interest  thereon,  or 
interest  due  to  the  preceding  January  second  on  installments  not  yet 
matured  on  all  warrants  in  his  hands,  with  the  ainount  of  such  delin- 
quent special  assessment  or  installments  and  interest,  together  with 
his  warrants;  or,  in  case  of  an  assessment  levied  to  be  paid  by  in- 
stallments, with  a  brief  description  of  the  nature  of  the  warrant  or 
warrants  received  by  him  authorizing  the  collection  thereof,  which 
report  shall  be  accompanied  with  the  oath  of  the  collector  that  the 
list  is  a  correct  return  and  report  of  the  land,  town  lots  and  real 
property  on  which  the  special  assessment  (or  special  tax  levied  by 


132  ABSTRACT  OF  STATUTES 

the  authority  of  the  city  of  or  town  or  village  of 

as   the   case  may   be),   or  installments  thereof,   or 

interest,  remaining  due  and  unpaid;  that  he  is  unable  to  collect  the 
same,  or  any  part  thereof,  and  that  he  has  given  the  notice  required 
by  law  that  such  warrants  have  been  received  by  him  for  collection. 

410.  Report  to  be  evidence.]  §  66.  Said  report,  when  so  made, 
shall  be  prima  facie  evidence  that  all  the  forms  and  requirements 
of  the  law,  in  relation  to  the  making  of  said  return,  have  been  com- 
plied with,  and  that  the  special  assessments,  or  special  taxes,  or 
the  matured  installments  thereof,  and  the  interest  thereon,  and  the 
interest  accrued  on  installments  not  yet  matured,  mentioned  in  said 
report,  are  due  and  unpaid,  and  upon  the  application  for  judgment 
of  sale  upon  such  assessment  or  matured  installments  thereof,  or 
the  interest  thereon,  or  the  interest  accrued  on  installments  not 
yet  matured,  no  defense  or  objection  shall  be  made  or  heard  which 
might  have  been  interposed  in  the  proceeding  for  the  making  of 
such  assessment,  or  the  application  for  the  confirmation  thereof, 
and  no  errors  in  the  proceeding  to  confirm,  not  affecting  the  power 
of  the  court  to  entertain  and  consider  the  petition  therefor,  shall 
be  deemed  a  defense  to  the  application  herein  provided  for. 

When  such  application  is  made  for  judgment  of  sale  on  an  install- 
ment only  of  an  assessment  payable  by  installments,  all  questions 
affecting  the  jurisdiction  of  the  court  to  enter  the  judgment  of  con- 
finnation  and  the  validity  of  the  proceedings  shall  be  raised  and 
determined  on  the  first  of  such  application.  On  application  for 
judgment  of  sale  on  any  subsequent  installment,  no  defense,  except 
as  to  the  legality  of  the  pending  proceeding  the  amount  to  be  paid, 
or  actual  payment,  shall  be  made  or  heard.  And  it  shall  be  no 
defense  to  the  application  for  judgment  on  any  assessment  or  any 
installment  thereof  that  the  work  done  under  any  ordinance  for  an 
improvement  does  not  conform  to  the  requirements  of  such  ordi- 
nance, if  it  shall  appear  that  the  said  work  has  been  accepted  by  or 
under  the  direction  of  the  board  of  local  improvements.  And  the 
voluntary  payment  by  the  owner  or  his  agent,  of  any  installment, 
of  any  assessment,  levied  on  any  lot,  block,  tract  or  parcel  of  land, 
shall  be  deemed  and  held  in  law  to  be  an  assent  to  the  confirmation 
of  the  assessment  roll,  and  to  be  held  to  release  and  waive  any  and 
all  right  of  such  owner  to  enter  objections  to  the  application  for 
judgment  of  sale  and  order  for  sale.  The  judgment  of  sale  on  any 
installment  shall  include  all  interest  accrued  on  said  installments  up 
to  the  date  of  said  judgment  of  sale,  and  also  the  annual  interest 
due  as  returned  delinquent  by  the  municipal  collector  on  any  install- 
ment or  installments  not  matured;  and  all  judgments  of  sale  for  a 
matured  installment  shall  bear  interest  on  the  amount  of  the  prin- 
cipal of  said  matured  installment  to  the  date  of  payment  or  sale. 
(188  111.,  206.) 


ABSTRACT  OF  STATUTES  133 


411.  Application  for  judgment — sale — revenue  laws  to  govern.] 

§  67.  When  such  general  officer  shall  receive  the  report  above 
provided  for,  he  shall  proceed  to  obtain  judgment  against  said  lots  and 
parcels  of  land  and  property  for  said  special  assessments  and  said 
special  taxes,  or  installments  thereof,  and  interest  remaining  due 
and  unpaid,  in  the  same  manner  as  is  or  may  be  by  law  provided  for 
obtaining  judgment  against  lands  for  taxes  due  and  unpaid  the  county 
or  state;  and  shall  in  the  same  manner  proceed  to  sell  the  same  for 
the  said  special  assessments,  special  taxes  or  installments  thereof, 
and  interest  remaining  due  and  unpaid.  In  obtaining  such  judg- 
ments and  making  such  sale,  the  said  officer  shall  be  governed  by 
the  general  revenue  law  of  the  state,  except  when  otherwise  provided 
herein.  No  application  for  judgment  against  lands  for  unpaid  special 
taxes  or  special  assessments  shall  be  made  at  a  time  different  from  the 
annual  application  for  judgment  against  lands  upon  which  general 
taxes  remain  due  and  unpaid.  The  appHcation  for  judgment  upon 
delinquent  special  assessments  or  special  taxes  in  each  year  shall 
include  only  such  special  assessments,  special  taxes,  or  installments 
thereof,  and  interest  as  shall  have  been  returned  as  delinquent  to  the 
county  collector  on  or  before  the  first  day  of  April  in  the  year  in  which 
said  application  is  made:  Provided,  That  such  judgment  of  sale 
shall  include  interest  on  matured  installments  up  to  the  date  of  such 
judgment,  as  herein  provided. 

412.  Return  of  sale — redemption.]  §  68.  After  making  said 
sale,  the  list  of  lots,  parcels  of  land  and  property  sold  thereat  shall 
be  returned  to  the  office  of  the  county  clerk  and  redemption  may  be 
made  as  provided  for  by  the  general  revenue  law  of  this  state. 

413.  Sale     where     assessment     paid — penalty.]     §  69.     If     the 

collector  shall  receive  any  moneys  for  taxes  or  assessments,  or  in- 
stallments thereof,  and  give  a  receipt  therefor,  for  any  land  or  parcel 
of  land,  and  afterwards  make  a  return  that  the  said  tax,  assessment  or 
installment  thereof  was  unpaid,  to  the  State  officers  authorized  to 
sell  land  for  taxes,  or  shall  receive  the  said  amount  so  payable  after 
such  return  has  been  made,  and  the  said  property  be  sold  for  any 
tax,  assessment  or  installment  thereof  which  has  been  so  paid  and 
receipted  for  by  himself  or  his  clerks,  he  and  his  bondsmen  shall  be 
liable  to  the  holder  of  the  certificate  given  to  the  purchaser  at  the 
said  sale  for  double  the  amount  of  the  face  of  the  certificate,  to  be 
demanded  in  two  years  from  the  date  of  the  sale,  and  recovered  in 
any  court  having  jurisdiction  of  the  amount;  and  the  city,  village 
or  town  shall  in  no  case  be  liable  to  the  holder  of  such  certificate. 

414.  Paying  over — compensation.]  §  70.  The  collector  or  col- 
lectors, and  the  general  officer  aforesaid  to  whom  the  said  warrants 
shall  be  returned,  shall  pay  over  to  the  city,  village  or  town  treasury 
to  which  it  shall  belong,  all  moneys  collected  by  them,  respectively. 


134 ABSTRACT  OF  STATUTES 

upon,  and  by  virtue  of  such  warrant,  or  upon  any  sale  for  taxes,  or 
otherwise,  at  such  time  or  times  and  in  such  manner  as  shall  be  pre- 
scribed by  ordinance,  and  shall  be  allowed  such  compensation  for 
their  services  in  the  collection  of  such  assessment  as  the  ordinance 
of  the  city  or  village  may  provide,  except  when  such  compensation 
is  fixed  by  a  general  law.     (120  111.,  234.) 

415.  General  revenue  laws  apply.]  §  71.  The  general  revenue 
laws  of  this  State,  in  reference  to  proceedings  to  recover  judgment 
for  delinquent  taxes,  the  sale  of  property  thereon,  the  execution  of 
certificates  of  sale  and  deeds  thereon,  the  force  and  effect  of  such  sales 
and  deeds,  and  all  other  laws  in  relation  to  the  enforcement  and  col- 
lection of  taxes,  and  redemption  from  tax  sales,  except  as  herein  other- 
wise provided,  shall  be  applicable  to  proceedings  to  collect  such  special 
assessments  and  special  taxes.     (165  111.,  154;  185  111.,  369.) 

416.  Municipality  may  buy  in.]  §  72.  Any  .city,  village  or 
town  interested  in  the  collection  of  any  tax  or  special  assessment, 
may,  in  default  of  other  bidders,  become  a  purchaser  at  any  sale  of 
propert}'  to  enforce  the  collection  of  the  same,  and  may,  by  ordi- 
nance, authorize  and  make  it  the  duty  of  one  or  more  municipal 
officers  to  attend  such  sales  and  bid  thereat  in  behalf  of  the  corpor- 
ation. 

417.  Contracts  payable  from  assessments — claim  limited  to 
funds  collected — account  to  be  kept.]  §  73.  No  person  or  persons 
or  bodies  corporate,  taking  any  contracts  from  the  city,  village  or 
town,  and  agreeing  to  be  paid  out  of  special  assessments  or  special 
taxes,  shall  have  any  claim  or  lien  upon  the  city,  village  or  town  in 
any  event,  except*  from  the  collection  of  special  assessments  or  special 
taxes  made  or  to  be  made  for  the  work  contracted  for,  but  the  munici- 
pality s/.all  cause  collections  and  payments  to  be  made  with  all 
reasonable  diHgence.  And  in  such  case,  if  it  shall  appear  that  such 
assessment  or  tax  can  not  be  levied  nor  collected,  the  municipality 
shall  not,  nevertheless,  be  in  any  way  liable  to  such  contractor  or 
contractors  in  case  of  failure  to  collect  the  same,  but  shall,  so  far  as 
it  can  legally  do  so,  with  all  reasonable  diligence,  cause  a  valid  assess- 
ment or  assessments,  special  tax  or  taxes,  to  be  levied  and  collected 
to  defray  the  cost  of  said  work  until  all  contractors  shall  be  fully  paid, 
and  any  contractor  shall  be  entitled  to  summary  relief  of  mandamus 
or  injunction  to  enforce  the  provisions  hereof. 

The  city  treasurer  shall  keep  a  separate  account  with  each  special 
assessment  warrant  number,  and  with  the  money  received  there- 
under. 

418.  Letting  contracts — when  city,  etc.,  may  perform  the  work.] 

§  74.  All  contracts  for  the  making  of  any  pubhc  improvement,  to 
be  paid  wholly  or  in  part  by  special  assessment  or  special  tax,  and 
any  work  or  other  public  improvements,  when  the  expense  thereof 


ABSTRACT  OF  STATUTES  135 


shall  exceed  five  hundred  dollars  ($500),  shall  be  let  to  the  lowest 
responsible  bidder  in  the  manner  herein  prescribed,  such  contracts 
shall  be  approved  by  the  president  of  the  board  of  local  improvements. 
In  case  of  any  work  in  which  it  is  estimated  that  the  work  will  not 
cost  more  than  five  hundred  dollars  ($500),  if  after  receiving  bids  it 
shall  appear  to  said  Board  of  Local  Improvements  that  said  work 
can  be  performed  better  and  cheaper  by  the  city,  town  or  village,  or 
the  authorities  thereof,  the  authorities  of  the  city,  town  or  village, 
shall  perform  said  work  and  employ  the  necessary  help  therefor,  and 
the  cost  of  said  work  by  said  city,  town  or  village,  or  the  authorities 
thereof,  shall  in  no  case  be  more  than  the  lowest  bid  received. 

419.  When  steps  to  be  taken  to  let  contracts.]  §  75.  Within 
ninety  (90)  days  after  the  tenn  of  court  at  which  judgment  of  con- 
formation of  any  special  assessment  or  special  tax,  levied  in  pursuance 
of  this  Act,  has  been  entered,  if  there  be  no  appeal  perfected,  or  other 
stay  of  proceedings  by  a  coiirt  having  jurisdiction,  or  in  case  the  judg- 
ment for  the  condemnation  of  any  property  for  any  such  improve- 
ment, or  the  judgment  of  confirmation  as  to  any  property  be  appealed 
from,  then,  if  the  petitioner  shall  file  in  such  cause  a  written  election 
to  proceed  with  the  work,  notwithstanding  such  appeal,  or  other 
stay,  steps  shall  be  taken  to  let  the  contract  for  such  work  in  the 
manner  herein  provided.  If  the  judgment  of  condemnation  or  of 
confirmation  of  the  special  tax  or  special  assessment  levied  for  such 
w^ork  be  appealed  from,  or  stayed  by  a  supersedeas  or  other  order  of  a 
court  having  jurisdiction,  and  the  petitioner  file  no  such  election,  then 
the  steps  herein  provided  for  the  letting  of  the  contract  for  such  work, 
shall  be  taken  within  fifteen  (15)  days  after  the  final  determination 
of  said  appeal  or  writ  of  error,  or  the  determination  of  such  stay,  unless 
the  proceeding  be  abandoned  as  herein  provided. 

420.  Notice  for  letting  contracts — bids.]  §  76.  Notice  shall  be 
given  by  advertisement  in  some  newspaper,  adopted  for  that  purpose, 
by  the  board  of  local  improvements  by  an  order  entered  in  their 
records,  that  bids  will  be  received  for  the  construction  of  such  im- 
provement, either  as  a  whole  or  in  such  sections  as  the  board  shall 
specify  in  its  notice,  in  accordance  with  the  ordinance  therefor; 
which  notice  shall  state  the  time  of  opening  such  bids  (not  more  th9,n 
fifteen  (15)  nor  less  than  ten  (10)  days  thereafter),  and  shall  further 
state  where  the  specifications  for  such  improvements  are  to  be  found, 
and  whether  the  contractors  are  to  be  paid  in  cash  or  in  bonds,  and 
if  in  bonds,  then  the  rate  of  interest  such  vouchers  or  bonds  shall 
draw.  If  no  newspaper  be  published  in  said  municipality,  then  four 
such  notices  shall  be  posted,  all  of  which  shall  be  in  the  vicinity  of  the 
proposed  improvement.  Proposals  or  bids  may  be  made  either  for 
such  work  as  a  whole  or  for  such  specified  sections  thereof.  All  pro- 
posals or  bids  offered  shall  be  accompanied  by  cash  or  by  a  check 


136  ABSTRACT  OF  STATUTES 

payable  to  the  order  of  the  president  of  the  board  of  local  improve- 
ments in  his  official  capacity,  certified  by  a  responsible  bank,  for  an 
amount  which  shall  not  be  less  than  ten  (10)  per  centum  of  the  aggre- 
gate of  the  proposal.  Said  proposals  or  bids  shall  be  delivered  to 
the  board  of  local  improvements,  and  said  board  shall,  in  open  session, 
at  the  time  and  place  fixed  in  said  notice,  examine  and  publicly 
declare  the  same:  Provided,  however,  that  no  proposals  nor  bids 
shall  be  considered  unless  accompanied  by  such  check  or  cash. 

421.  Accepting  bid — contract.]  §  77.  Said  board  of  local  im- 
provements ma}'  reject  any  and  all  proposals  or  bids,  should  they 
deem  it  best  for  the  public  good;  and  if  they  shall  be  of  the  opinion 
that  a  combination  exists  between  contractors,  either  to  limit  the 
numl^cr  of  bidders  or  to  increase  the  contract  price,  and  that  the 
lowest  bid  is  made  in  pursuance  thereof,  it  shall  be  their  duty  to  do 
so;  and  said  board  may  reject  the  bid  of  any  party  who  has  been 
delinquent  or  unfaithful  in  any  former  contract  with  the  munici- 
pality, and  shall  reject  all  proposals  or  bids  other  than  the  lowest 
regular  proposal  or  bid  of  any  responsible  bidder,  and  may  award 
the  contract  for  said  work  or  improvement  to  the  lowest  responsible 
bidder  at  the  prices  named  in  his  bid,  which  award  shall  be  recorded 
in  the  record  of  its  proceedings.  Such  award,  if  any,  shall  be  made 
within  twenty  days  after  the  time  fixed  for  receiving  bids.  If  no 
award  be  made  within  said  time,  another  advertisement  for  pro- 
posals or  bids  for  the  performance  of  the  work,  as  in  the  first  in- 
stance, shall  be  made,  and  thereafter  [the  board  shall]  proceed  in 
the  manner  above  in  this  Act  provided ;  and  such  re-advertisement 
shall  be  deemed  a  rejection  of  all  former  bids,  and  thereupon  the 
respective  checks  and  bonds  corresponding  to  the  bids  so  rejected 
shall  be  returned  to  the  proper  parties,  but  the  checks  accompany- 
ing such  accepted  proposals  or  bids  shall  be  retained  in  the  possession 
of  the  president  of  the  said  board  until  the  contract  for  doing  said 
work,  as  hereinafter  provided,  has  been  entered  into,  either  by  said 
lowest  responsible  bidder  or  by  the  owners  of  a  majority  of  the 
frontage,  whereupon  said  certified  check  shall  be  returned  to  said 
bidder.  But  if  the  said  bidder  fails,  neglects  or  refuses  to  enter 
into  a  contract  to  perform  said  work  or  improvement,  as  herein  pro- 
vided, then  the  certified  check  accompanying  his  bid,  and  the  amount 
therein  mentioned,  shall  be  declared  to  be  forfeited  to  said  city, 
village  or  town,  and  shall  be  collected  by  it  and  paid  into  its  fund 
for  the  repairing  and  maintenance  of  like  improvements;  and  any 
bonds  forfeited  may  be  prosecuted,  and  the  amount  due  thereon 
collected  and  paid  into  the  said  fund. 

422.  Effect  of  contract  before  levy  of  tax.  §  77a.  Whenever  any 
contract  shall  have  been  awarded  to  any  bidder  for  the  construction 
of  any  waterworks  system,  bridge  or  viaduct  referred  to  in  this 
Amendatory  Act,  the  bid  of  the  party  to  whom  the  contract  shall 


ABSTRACT  OF  STATUTES  137 


have  been  awarded  and  the  award  therefor  shall  be  treated  as  pro- 
visional and  shall  not  be  binding  upon  the  party  to  whom  the  same 
was  awarded,  or  upon  the  city,  town  or  village  until  the  levying  of  the 
tax  herein  provided  for  shall  have  been  authorized  by  the  voters  of 
such  city,  town  or  village  voting  at  an  election  to  be  held  as  herein 
provided. 

423.  Person  interested  entitled  to  hearing.]  §  78.  Any  owner 
or  person  interested  in  any  of  the  property  assessed  and  any  bidder 
shall  be  entitled  to  a  hearing  before  said  board  on  any  question  con- 
nected with  any  such  award. 

424.  Notice  of  awarding  contract.]  §  79.  Notice  of  such  award 
of  contract  shall  be  published  for  two  (2)  days  in  a  daily  newspaper 
published  and  [and]  circulated  in  said  city,  village  or  town,  designated 
by  the  said  board  of  local  improvements,  by  general  order  for  that 
purpose,  duly  entered  in  its  records.  Or  where  there  is  no  daily 
newspaper  in  said  city  or  village,  by  one  (1)  insertion  of  the  same  in  a 
semi -weekly  or  weekly  newspaper  so  published  and  circulated,  and 
so  designated :  Provided  however  that  in  case  there  is  no  newspaper 
printed  or  published  in  such  city,  village,  or  town,  then  four  (4) 
notices  of  such  award  shall  be  posted,  all  of  which  shall  be  in  the  vici- 
nity of  the  proposed  improvement. 

425.  Owners  of  a  majority  of  frontage  may  take  contract.]     §  80. 

The  owners  of  a  majority  of  the  frontage  of  the  lots  and  lands  upon 
the  street  wherein  said  work  is  to  be  done,  or  their  agents,  who  shall 
take  oath  that  they  are  such  owners  or  agents,  shall  not  be  required 
to  present  sealed  proposals  or  bids,  but  may,  within  ten  days  after 
the  first  posting  and  publication  of  said  notice  of  said  award,  elect 
to  take  said  work,  and  enter  into  a  written  contract  to  do  the  whole 
work  at  ten  per  centum  less  than  the  price  at  which  the  same  has  been 
awarded.  Should  the  said  owners  fail  to  elect  to  take  said  work,  and 
enter  into  a  written  contract  therefor  within  ten  days,  or  to  cominence 
the  work  within  thirty  days  after  the  first  posting  and  publication  of 
said  award,  and  to  prosecute  the  same  with  diligence,  it  shall  be  the 
duty  of  the  board  of  local  improvements  to  enter  into  a  contract  with 
the. original  bidder  to  whom  the  contract  was  awarded,  and  at  the 
prices  specified  in  his  bid. 

426.  Rejecting  bids  in  case  of  default.]  §  81.  If  such  original 
bidder  fails  or  refuses  for  fifteen  (15)  days  after  the  first  posting 
or  publication  of  the  notice  of  award,  or  in  case  a  contract  be  made 
with  the  owners,  and  default  by  them,  then,  within  ten  (10)  days  after 
notice  that  such  owners  are  in  default,  to  enter  into  a  contract,  then 
said  board  of  local  improvements,  without  further  proceedings,  shall 
again  advertise  for  proposals  or  bids,  as  in  the  first  instance,  and  award 
the  contract  for  said  work  to  the  then  regular  lowest  bidder.  The 
bids  of  all  persons,  and  the  election  of  all  owners  as  aforesaid,  who 


138  ABSTRACT  OF  STATUTES 


have  failed  to  enter  into  the  contract  as  herein  provided,  shall  be 
rejected  in  any  bidding  or  election  subsequent  to  the  first  for  the 
same  work. 

427.  Completing  unfinished  work — contractor's  bonds — pay- 
ment of  expenses.]  §  82.  If  the  owners  or  contractors,  who  may 
have  taken  any  contract,  shall  not  complete  the  same  within  the  time 
mentioned  in  the  contract,  or  within  such  further  time  as  the  board 
of  local  improvements  may  give  them,  the  said  board  may  re-let 
the  unfinished  portions  of  the  said  work,  after  pursuing  the  formalities 
prescribed  hereinbefore  for  the  letting  of  the  whole  in  the  first  in- 
stance. All  contractors,  contracting  owners  included,  shall,  at  the 
time  of  executing  any  contract  for  such  public  work,  execute  a  bond 
to  the  satisfaction  and  approval  of  the  board  of  local  improvements 
of  said  city,  village  or  town,  in  such  sum  as  the  said  board  shall  deem 
adequate,  conditioned  for  the  faithful  performance  of  the  contract; 
and  the  sureties  shall  justify,  before  some  person  competent  to  ad- 
minister an  oath,  in  double  the  amount  mentioned  in  said  bond,  over 
and  above  all  statutory"  exemptions. 

428.  Appointment  of  attorneys,  engineers,  clerks,  inspectors, 
etc. — execution  and  acceptance  of  work — recourse  on  municipality.] 

§  83.  The  board  of  local  improvements  in  cities  of  one  hundred 
thousand  (100,000)  inhabitants  and  over,  according  to  the  last  census, 
as  hereinbefore  provided,  may  appoint  an  attorney  for  the  board  who 
shall  have  charge,  under  its  direction  and  control,  of  all  legal  matters 
pertaining  to  the  board  of  local  improvements,  the  conJirmation  of 
special  assessments  and  the  collection  of  the  same.  It  may  also 
appoint  an  engineer  for  the  board,  and  such  assistant  attorneys, 
engineers,  clerks,  inspectors,  etc.,  etc.,  as  may  be  necessary  to  carry 
into  effect  the  purposes  of  this  Act. 

The  board  is  hereby  authorized  to  make  or  cause  to  be  made,  the 
written  contracts,  and  receive  all  bonds  authorized  by  this  Act,  and 
to  do  any  other  act,  expressed  or  implied,  that  pertains  to  the  exe- 
cution of  the  work  provided  for  by  such  ordinance  or  ordinances, 
and  shall  fix  the  time  for  the  commencement  of  the  work  thereunder 
and  for  the  completion  of  the  work  under  all  contracts  entered  into 
by  it,  which  work  shall  be  prosecuted  with  diligence  thereafter  to 
completion,  and  said  board  may  extend  the  time  so  fixed  from  time 
to  time,  as  they  may  think  best  for  the  public  good.  The  work  to 
be  done  pursuant  to  such  contracts  must,  in  all  cases,  be  done  under 
the  direction  and  to  the  satisfaction  of  the  board  of  local  improve- 
ments, and  all  contracts  made  therefor  must  contain  a  provision  to 
that  effect,  and  also  express  notice  that  in  no  case,  except  as  other- 
wise provided  in  the  ordinance,  or  the  judgment  of  the  court,  will 
said  board,  or  municipality,  except  as  herein  otherwise  provided, 
or  any  officer  thereof,  be  liable  for  any  portion  of  the  expenses,  nor 
for  any  delinquency  of  persons  or  property  assessed 


ABSTRACT  OF  STATUTES  139 


The  acceptance  by  the  said  board  of  any  improvement,  shall  be 
conclusive  in  the  proceeding  to  make  said  assessment,  and  in  all 
proceedings  to  collect  the  same,  or  installments  thereof,  on  all  per- 
sons and  property  assessed  therefor,  that  the  work  has'  been  per- 
formed substantially  according  to  the  requirements  of  the  ordinance 
therefor,  but  if  any  property  owner  be  injured  by  any  failure  so  to 
construct  such  improvement,  or  suffer  any  pecuniary  loss  thereby, 
he  may  recover  the  amount  of  such  injury  in  an  action  on  the  case 
against  the  municipality  making  said  improvement.  Provided, 
however,  that  such  action  be  commenced  within  one  year  from  the 
date  of  the  acceptance  of  the  work  by  the  board  of  local  improve- 
ments. 

429.     Crediting    excess    upon    assessments — report    to    court.] 

§  84.  Within  thirty  (30)  days  after  the  final  completion  and  ac- 
ceptance of  the  work,  as  hereinbefore  provided,  the  board  of  local 
improvement  shall  cause  the  cost  thereof  ta  be  certified  in  writ- 
ing to  the  court  in  which  said  assessment  was  confirmed,  together 
with  an  amount  estimated  by  the  board  to  be  required  to  pay  the 
accruing  interest  on  bonds  or  vouchers  issued  to  anticipate  col- 
lection, and  thereupon,  if  the  total  amount  assessed  for  said  im- 
provement upon  the  public  and  private  property  exceeds  the  costs 
of  the  same,  all  of  said  excess,  excepting  the  amount  required  to 
pay  such  interest  as  herein  provided  for,  shall  be  abated  and  the 
judgment  reduced  proportionately  to  the  public  and  private  property 
owners,  and  shall  be  credited  pro  rata  upon  the  respective  assess- 
ments for  said  improvements  under  the  direction  of  the  court,  and, 
in  case  the  assessment  is  collectible  in  installments,  such  reduction 
shall  [shall]  be  made  so  that  all  installments  shall  be  equal  in 
■amount,  except  that  all  fractional  amounts  shall  be  added  to  the 
first  installment,  so  as  to  leave  the  remaining  installments  in  the 
aggregate  equal  in  amount  and  each  a  multiple  of  one  hundred  dol- 
lars ($109).  If  prior  to  the  entry  of  the  order  abating  and  reducing 
said  assessment  the  same  shall  have  been  certified  for  collection 
pursuant  to  the  provisions  of  section  61  of  this  Act  as  herein  amended, 
and  any  of  the  installments  of  such  assessment  so  certified  for  col- 
lection have  become  due  and  payable,  the  reduction  and  abatement 
above  referred  to  shall  be  made  pro  rata  upon  the  other  install- 
ments; the  intent  and  meaning  hereof  being  that  no  property  owner 
shall  be  required  to  pay  to  the  collector,  a  greater  amount  than  his 
proportionate  share  of  the  cost  of  said  work  and  of  the  interest  that 
may  accrue  thereon.  "  In  every  assessment  proceeding  in  which  the 
assessment  shall  be  divided  into  installments,  it  shall  also  be  the 
duty  of  the  board  of  local  improvements  to  state  in  said  certificate 
whether  or  not  the  said  improvement  conforms  substantially  to  the 
requirements  of  the  original  ordinance  for  the  construction  of  the 
improvement,  and  to  make  an  application  to  said  court  to  consider 


140  ABSTRACT  OF  STATUTES 


and  determine  whether  or  not  the  facts  stated  in  said  certificate  are 
true;  and  thereupon,  the  court  shall,  upon  such  appHcation,  fix  a 
time  and  place  for  hearing  upon  said  petition,  and  shall  enter  the 
same  of  record,  such  time  to  be  not  less  than  fifteen  (15)  days  after 
the  filing  of  such  certificate  and  application.  PubHc  notice  shall 
be  given  of  the  time  and  place  fixed  for  such  hearing  by  posting 
and  publishing  in  a  newspaper,  in  the  same  manner  and  for  the 
same  period  as  provided  in  this  Act  for  publishing  notice  of  appli- 
cation for  the  confinnation  of  the  original  assessment,  the  posting 
and  publication  of  such  notice  to  be  not  less  than  fifteen  (15)  days 
before  the  day  fixed  by  the  order  for  such  hearing.  At  the  time 
and  place  fixed  by  such  notice,  or  at  any  time  thereafter,  the  court 
shall  proceed  to  hear  said  application,  and  any  objections  which  may 
be  filed  thereto  within  the  time  fixed  in  such  order,  and  upon  such 
hearing,  the  said  certificate  of  the  board  of  local  improvements  shall 
be  prima  facie  evidence  that  the  matters  and  things  therein  stated 
are  true,  but  if  any  part  thereof  are  controverted  by  objections  duly 
filed  upon  such  petition,  the  court  shall  hear  and  determine  the 
same  in  a  summary  manner,  and  shall  enter  an  order  according  to 
the  fact.  Such  order  of  the  court  shall  be  conclusive  upon  all  the 
parties,  and  no  appeal  therefrom,  or  writ  of  error  thereto,  shall  be 
allowed  to  review  or  reverse  the  same.  If  upon  such  hearing,  the 
court  shall  find  against  the  allegations  of  the  said  certificate,  it  shall 
enter  an  order  accordingly,  but  it  shall  then  be  the  duty  of  the  said 
board  of  local  improvement  to  procure  the  completion  of  the  said 
improvement  in  substantial  accordance  with  the  said  ordinance,  and 
said  board  may,  from  time  to  time,  file  additional  or  supplemental 
applications  or  petitions  in  respect  thereto,  until  the  court  shall 
be  eventually  satisfied  that  the  allegations  of  such  certificates  or 
petitions  are  true,  and  that  said  improvement  is  constructed  in  sub- 
stantial accordance  with  the  said  ordinance.  If  before  the  entry  of 
such  order  upon  such  certificate,  there  shall  have  been  issued  to  the 
contractor,  in  the  progress  of  any  such  work,  any  bonds  to  apply 
upon  the  contract  price  thereof,  said  contractor,  or  the  then  owner 
or  holder  of  such  bonds,  shall  be  entitled  to  receive  in  lieu  thereof 
new  bonds  of  equivalent  amount,  dated  and  issued  after  the  entrv 
of  such  order.     (218  111.,  97.) 

430.  Inspector  of  work.]  §  85.  The  said  board  of  local  im- 
provements shall  cause  the  entire  work  done  pursuant  to  any  such 
proceeding  and  contract,  and  the  materials  therefor,  to  be  care- 
full}'  inspected  during  the  progress  of  the  work,  to  the  end  that  the 
contractor  or  contractors  shall  comply  fully  and  adequately  with 
all  the  provisions  of  the  said  ordinances,  and  of  the  contract  under 
which  said  work  is  to  be  done,  and  the  specifications  therefor;  and 
upon  the  complaint  of  any  property  owner  that  the  work  or  materials 
do  not  comply  with  such  requirements,  the  president  of  the  said 


ABSTRACT  OF  STATUTES  141 


board  of  local  improvements  shall  either  examine  the  said  work  and 
materials  himself,  or  designate  some  member  of  said  board  to  do  so, 
who  shall  make  personal  examination  and  certify  in  writing  as  to 
the  result  thereof,  which  written  certificate  shall  be  filed  with  the 
papers  pertaining  to  the  said  board,  and  be  open  to  public  inspection 
at  any  time. 

431.     Bonds    to    anticipate    installments    of   assessment.]     §  86. 

For  the  purpose  of  anticipating  the  collection  of  the  second  and 
succeeding  installments,  provided  for  in  this  Act,  it  shall  be  lawful 
for  such  city,  village  or  town,  to  issue  bonds,  payable  out  of  said  in- 
stallments, bearing  interest  at  the  rate  of  five  per  centum  per  annum, 
payable  annually  and  signed  by  such  officers  as  may  be  by  ordinance 
prescribed ;  said  bonds  shall  be  issued  in  sums  of  one  hundred  dollars, 
or  some  multiple  thereof,  and  shall  be  dated  and  draw  interest  from 
the  date  of  the  issuing  of  the  same.  Each  bond  shall  state  on  its  face 
out  of  which  installment  it  is  payable,  and  shall  state,  by  number  or 
other  designation,  the  assessment  to  which  such  installment  belongs. 
The  principal  of  such  bonds  shall  not  exceed,  in  the  aggregate,  the 
amount  of  such  deferred  installments,  and  shall  be  divided  into  as 
many  series  as  there  are  deferred  installments:  Provided,  Nothing 
herein  contained  shall  be  construed  to  prevent  the  payment  of  any 
voucher  or  bond  out  of  an  installment  having  a  surplus  to  its  credit, 
other  than  the  one  against  which  the  same  is  issued.  The  intent  and 
meaning  thereof  being  that  in  case  from  any  cause  the  installment 
against  which  such  bond  or  voucher  is  drawn  has  not  sufficient  money 
to  the  credit  thereof  to  pay  the  same,  the  entire  amount  of  the  assess- 
ment or  any  installment  thereof  may  be  applied  toward  the  payment 
of  any  such  vouchers  or  bonds  issued  against  the  assessment.  Each 
series  shall  become  due  at  some  time  in  the  year  in  which  the  corres- 
ponding installment  will  mature,  such  date  to  conform,  as  nearly  as 
may  be,  to  the  time  when  such  installment  will  be  actually  collected, 
such  time  to  be  estimated  and  determined  by  the  municipal  officers 
issuing  such  bonds :  Provided,  also,  That  it  shall  be  lawful  to  provide 
in  the  case  of  any  one  or  more  of  the  bonds  in  any  series,  that  such 
bond  or  bonds  shall  not  become  due  until  some  subsequent  date,  not 
later  than  the  thirty-first  day. of  December  next  succeeding  the 
January  in  which  the  installment  against  which  such  series  is  issued, 
shall  become  due  and  payable.  Such  bonds  may  be  in  the  following 
form: 

State  of  Illinois,  \ 

County  of J      ' 

$ Series  No 

Bond  No 

of 


IMPROVEMENT  BOND. 

''The of in County, 

Illinois,  for  value  received,  promises  to  pay  the  bearer  on  the .day 


142  ABSTRACT  OF  STATUTES 


of ,  A.  D ,  the  sum  of dollars^ 

with  interest  thereon,  from  the  date  hereof,  at  the  rate  of  five  per  centum,  payable 
annually  on  presentation  of  the  coupons  hereto  annexed. 

"Both  principal  and  interest  of  this  bond  are  payable  at  the  office  of  the 
treasurer  of  said pf 

"This  bond  is  issued  to  anticipate  the  collection  of  a  part  of  the 

installment  of  special  assessment  No ,  levied  for  the  purpose- 

of ,    which    said    installment    bears    interest    from 

the day  of ,  A.  D.  ,  and  this  bond  and  the- 

interest  thereon  are  payable  solely  out  of  said  installment  when  collected. 

"Dated  this day  of  ,  A.  D " 

Which  said  bond  may  have  coupons  attached  to  represent  the  in- 
terest to  accrue  thereon. 

432.  Bonds  to  be  issued  at  par  and  accrued  interest.]     §  87. 

Said  bonds  may  be  sold  or  paid  to  the  contractor  having  the  con- 
tract for  the  improvement  for  which  the  assessment  was  levied,  at 
not  less  than  their  par  value  and  interest  accrued  to  time  of  delivery, 
whether  sold  or  paid  to  the  contractor. 

433.  Payment  by  bonds — how  costs  paid.]  §  88.  Pa}anent  for 
any  improvement  done  or  perfonned  under  the  pro^asions  of  this 
Act  to  be  paid  for  out  of  any  special  assessment  or  special  tax  levied 
in  installments,  as  herein  provided,  may  be  made  in  the  bonds  herein 
provided  for;  and  the  first  installment  thereof,  shall  be  paid  to  the 
persons  or  persons  entitled  thereto  on  the  contract  for  said  work: 
Provided  however  that  in  cities,  towns  and  villages  having  a  popu- 
lation of  less  than  one  hundred  thousand,  where  the  ordinance  for 
the  improvement  provides  for  the  collection  of  costs,  such  costs  shall 
be  first  paid  out  of  said  first  installment.  If  such  first  installment  is 
not  collected  when  payments  fall  due,  vouchers  therefor  may  be 
issued,  payable  out  of  the  first  installment  when  collected.  Such 
vouchers  shall  bear  no  interest  and  shall  be  paid  from  said  install- 
ment when  collected. 

434.  Payment  of  assessment  in  bonds.]  §  89.  Any  property 
owner  may  pay  his  assessment,  wholly  or  in  part,  with  the  bonds  or 
vouchers  issued  under  this  Act  on  account  of  such  assessment,  apply- 
ing, however,  the  bonds  and  vouchers  of  each  series  only  to  the  pay- 
ment of  the  installments  to  which  they  relate.  In  making  such  pay- 
ments, such  vouchers  and  bonds  shall  be  taken  at  their  par  value  and 
interest  accrued  to  the  date  of  making  such  payment.  All  vouchers 
and  bonds  received  in  pa\-ment  of  such  assessment  shall  be  canceled 
by  the  officer  receiving  the  same,  as  of  the  date  of  their  receipt,  and 
deposited  with  the  treasurer  of  the  said  town  or  village  issuing  the 
same. 

435.  Bonds  secured  by  lien  on  waterworks,  etc.]  §  89  (a). 
When  any  city,  town  or  village  shall  have  provided  by  ordinance  for 
the  construction  of  a  waterworks  s^'stem,  any  portion  of  the  cost  of 
which  is  to  be  paid  by  special  assessment  and  a  direct  annual  tax 


ABSTRACT  OF  STATUTES  143 


shall  have  been  authorized  by  a  vote  of  the  people  as  provided  in  this 
amendatory  Act,  then  in  order  to  secure  the  payment  of  the  cost  of 
such  construction,  the  contractor  and  holders  of  the  bonds  that  may 
be  issued  in  payment  of  such  costs,  in  the  manner  provided  in  the 
Act  hereby  amended,  shall  have  a  lien  upon  such  waterworks  system 
and  upon  the  income  to  be  derived  from  the  operation  of  the  same,  to 
secure  the  payment  of  the  atnounts  due  them  respectively,  such  lien 
to  be  to  the  fullest  extent  that  such  city,  town  or  village  may  be 
authorized  by  law  to  create.  Such  city,  town  or  village  shall,  upon 
the  request  in  writing  of  the  contractor  for  the  construction  of  such 
waterworks,  or  the  holder  or  holders  of  a  majority  in  amount  of  the 
said  bonds,  convey  by  a  deed  of  trust  in  the  nature  of  a  mortgage  the 
waterworks  system  so  to  be  constructed,  and  all  the  property,  both 
real  and  personal  pertaining  thereto  such  deed  of  trust  to  secure  the 
payment  of  such  assessment  for  public  benefits  or  such  bonds  as  the 
contractor  or  holder  of  such  bonds  may  elect,  the  trustee  in  such  deed 
of  trust  to  be  selected  by  the  contractor  or  the  holder  or  holders  of 
such  inajority  of  such  bonds. 

436.  Disposition  of  waterworks  fund.]  §  89  (b).  The  entire 
proceeds  arising  from  the  operation  of  such  waterworks  system  shall 
be  paid  into  the  treasury  of  said  city,  town  or  village  and  be  kept  in  a 
separate  fund  to  be  known  as  the  "waterworks  fund,"  and  after  the 
payment  therefrom  of  the  necessary  running  and  operating  expenses 
of  such  waterworks  system,  the  balance  shall  from  time  to  time  be 
credited  by  said  treasurer  upon  the  assessment  levied  against  said 
city,  town  or  village  for  public  benefits  and  the  respective  install- 
ments thereof;  and  shall  be  applied  toward  the  payment  of  the  cost 
of  such  waterworks  system  in  the  manner  provided  by  said  Act  as 
amended;  and  until  the  said  bonds  so  issued  to  pay  the  costs  of  the 
construction  of  such  waterworks  system,  and  the  interest  thereon 
shall  have  been  fully  paid,  the  treasurer  of  such  city,  town  or  village 
shall  not  pay  any  warrants  drawn  on  said  "waterworks  fund"  for 
any  other  purpose  except  for  the  payment  of  the  necessary  operating 
expenses  of  such  waterworks  system.  In  case  such  waterworks  sys- 
tem shall  be  used  and  operated  to  supply  water  for  any  existing 
distributing  system,  then  the  entire  proceeds  derived  from  the  opera- 
tion of  such  waterworks  system  and  such  distributing  system  so 
supplied  with  water  shall  be  apportioned  and  divided  in  proportion 
to  the  original  cost  of  such  distributing  system,  and  the  cost  of  said 
waterworks  system  herein  provided  for.  Such  cost  to  be  ascertained 
and  determined  by  the  clerk  of  such  city,  town  or  village.  The  por- 
tion of  such  income  that  shall  be  so  found  or  determined  to  be  on  ac- 
count of  or  arose  from  the  operation  of  such  waterworks  system  shall 
be  paid  to  said  treasurer  and  placed  in  said  "waterworks  fund"  and 
used  only  in  the  manner  aforesaid. 


144  ABSTRACT  OF  STATUTES 


437.  §  2.  This  amendatory  Act  shall  not  apply  to  any  city,  town 
or  \'illage  having  a  population  of  more  than  one  hundred  thousand 

inhabitants. 

438.  No    claims    except   against   the   assessment.]     §    90.     No 

person  or  persons  accepting  the  vouchers  or  bonds  as  provided 
herein  shall  have  any  claim  or  lien  upon  the  city,  town  or  village  in 
any  event  for  the  payment  of  such  vouchers  or  bonds  or  the  interest 
thereon,  except  from  the  collections  of  the  assessment  against  which 
said  vouchers  or  bonds  are  issued,  but  the  municiijality  shall  not, 
nevertheless,  be  in  any  way  liable  to  the  holders  of  said  vouchers  or 
bonds  in  case  of  failure  to  collect  the  same,  but  shall,  with  all  reason- 
able diligence,  so  far  as  it  can  legally  do  so,  cause  a  valid  special 
assessment  or  assessments,  special  tax  or  taxes,  as  the  case  may  be, 
to  be  levied  and  collected,  to  pay  said  bonds  and  vouchers,  until  all 
bonds  and  vouchers  shall  be  fully  paid.  Any  holder  of  vouchers 
or  bonds,  or  their  assigns,  shall  be  entitled  to  summary  relief  by  way 
of  mandamus  or  injunction  to  enforce  the  provisions  hereof. 

439.  Payments  as  work  progresses.]  §  91.  From  time  to 
time,  as  the  work  under  any  contract  for  such  improvement  pro- 
gresses, upon  certificates  by  the  said  board  of  local  improvements, 
or  by  some  officer  designated  by  such  board  for  that  purpose,  pay- 
ments may.  be  made  either  in  money,  vouchers  or  bonds,  as  herein 
provided,  to  apply  upon  said  contract  price,  reserving,  however,  a 
sufficient  amount  upon  each  of  said  payments  to  properly  secure, 
in  the  judgment  of  said  board,  the  faithful  performance  of  the  said 
contract,  said  reserve  to  be  paid  over  at  such  time  and  on  such  con- 
ditions as  the  board  shall  fix,  after  the  said  work  has  been  completed 
or  accepted. 

440.  Interest  on  bonds — how  to  be  paid.]  §  92.  The  board  of 
local  improvements,  before  the  crediting  of  the  excess  as  provided  for 
in  section  eighty-four,  as  herein  ainended,  shall  determine  an  esti- 
mated amount  deemed  as  sufficient  to  make  up  any  probable  de- 
ficiency of  interest,  by  which  from  any  cause,  collections  of  interest 
may  prove  insufficient  to  meet  the  interest  to  be  paid  on  said  bonds 
until  they  mature  as  hereinbefore  provided.  Said  estimate  shall  be 
deducted  out  of  said  installments  as  an  item  of  expense  before  credit- 
ing rebates  of  excess  as  herein  directed  and  shall  be  used  for  no  other 
purpose  than  to  make  up  such  deficiency  until  the  bonds  are  fully 
paid,  both  principal  and  interest. 

441.  Rebates  declared  and  paid.]  §  93.  If,  upon  final  settle- 
ment with  the  contractor  for  any  improvement  and  full  payment 
of  all  vouchers  or  bonds,  issued  on  account  of  such  contract,  there 
shall  be  any  surplus  remaining  in  such  special  assessment  or  special 
tax  above  the  payments  aforesaid,  and  above  the  amount  necessary 
for  the  payment  of  interest  on  such  vouchers  or  bonds  as  above  pro- 
vided, it  shall  be  the  duty  of  the  proper  authorities  of  such  city. 


ABSTRACT  OF  STATUTES   145 

incorporated  town  or  village  to  at  once  cause  a  rebate  to  be  declared 
upon  each  lot,  block,  tract  or  parcel  of  land  assessed,  of  its  pro  rata 
•proportion  of  such  surplus.  The  board  of  local  improvements  shall 
cause  to  be  kept  and  exhibited  publicly  in  its  office  an  index  of  all 
warrants  upon  which  rebates  are  due  and  payable,  and  upon  proper 
proofs,  the  same  shall  be  repaid  to  the  person  entitled  thereto. 

442.  Expenses,  costs,  etc.,  how  to  be  paid.]  §  94.  The  costs 
and  expenses  of  maintaining  the  board  of  local  improvements  herein 
authorized,  of  paying  the  salaries  of  the  members  of  said  board, 
and  the  expense  of  making  and  levying  special  assessments  or  special 
taxes  and  of  letting  and  executing  contracts ;  and  also  the  entire  cost 
and  expense  attending  the  making  and  return  of  the  assessment 
rolls  and  the  necessary  estimates,  examinations,  advertisements, 
etc.,  etc.,  connected  with  the  proceedings  herein  provided  for,  in- 
cluding the  court  costs,  including  the  fees  to  commissioners  in  con- 
demnation proceedings,  which  are  to  be  taxed  as  above  provided, 
shall  be  paid  by  the  city,  village  or  town  out  of  its  general  fund: 
Provided,  however,  that  in  cities,  towns  or  villages  of  this  state 
having  a  population  of  less  than  one  hundred  thousand  by  the  last 
preceding  census  of  the  United  States,  or  of  this  state,  the  city,  village 
or  town,  as  the  case  may  be,  may  in  and  by  the  ordinance  providing 
for  the  assessment  prescribed,  provide  that  a  certain  sum,  not  to  ex- 
ceed six  per  centum  of  the  amount  of  such  assessment,  shall  be  ap- 
plied toward  the  payment  of  the  aforesaid,  and  other  costs  of  making 
and  collecting  such  assessment.     (230  111.,  180.) 

443.  Appeals.]  §  95.  Appeals  from  final  judgments  or  orders 
of  any  court  made  in  the  proceedings  provided  for  by  this  Act, 
may  be  taken  to  the  supreme  court  of  this  state,  in  the  manner 
provided  by  law,  by  any  of  the  owners  or  parties  interested  in  lands 
taken,  damaged  or  assessed  therein,  and  the  court  may  allow  such 
an  appeal  to  be  taken  jointly,  and  upon  a  joint  bond,  or  severally, 
and  upon  several  bonds,  as  m^y  be  specified  in  the  order  allowing 
the  same. 

444.  Writs  of  error.]  §  96.  Writs  of  error  from  the  Supreme 
Court  of  this  State  may  issue  upon  any  such  judgment  on  the  appli- 
cation of  owners  or  parties  interested  in  the  property  affected  thereby, 
as  shown  by  the  record,  at  any  time  after  the  disposition  of  the 
last  remaining  objections  to  the  confirmation,  if  any,  and  prior 
to  the  first  day  of  June  following  the  entry  of  such  judgment:  Pro- 
vided, that  if  the  warrant  for  collection  as  to  any  parcel  be  not 
returned  delinquent  in  any  year  before  April  first,  a  writ  of  error 
as  to  such  parcel  may  be  sued  out  at  any  time  before  June  first  in 
the  year  in  which  the  same  is  so  returned  or  certified:  And,  pro- 
vided, further,  that  in  every  case  there  shall  be  filed  with  the  clerk 
of  the  Supreme  Court,  with  the  application  for  such  writ,  an  affidavit 
by  the  plaintiff  in  error  or  his  agent  setting  forth  the  time  when 


146  ABSTRACT  OF  STATUTES 

such  warrant,  as  to  such  property,  was  returned  delinquent  or  so 
certified;  and  further  setting:;  forth  that  the  i)erson  to  whom  such 
notice  of  the  fihng  of  assessment  roll  as  to  such  property,  as  shown  by 
the  record,  did  not  receive  the  same,  or  otherwise  learn  of  the  j.^cn- 
dency  of  the  proceedings  for  the  confirmations  of  said  assessment 
until  less  than  ten  days  before  the  entry  of  default  against  his  said 
property  in  the  court  below.     (186  111.,  464.) 

445.  Adoption  of  this  Act  by  other  municipalities.]     §  97.     Any 

city  or  incorporated  town  or  village,  may,  if  it  shall  so  detenriine 
by  ordinance,  adopt  the  provisions  of  this  Act,  and  where  it  shall 
have  so  adopted  this  Act,  it  shall  have  the  right  to  take  all  the 
proceedings  herein  provided  for,  and  have  the  benefit  of  all  the 
provisions  hereof. 

446.  Cities  joining  in  improvements.]  §  97a.  Any  city,  village 
or  incorporated  town  or  other  corporate  authorities  to  which  the 
provisions  of  this  Act  shall  apply,  may,  if  it  or  they  shall  see  fit,  join 
with  any  other  city  or  cities,  village  or  villages,  incorporated  town 
or  towns,  or  other  corporate  authorities  (lying  within  the  same 
county)  to  which  the  provisions  of  the  Act  shall  apply,  in  the  making 
of  any  local  improvement  or  improvements  hereunder,  and  all  of 
the  terms  and  provisions  of  the  Act  shall  govern  each  of  the  cities, 
\dllages,  incorporated  towns,  or  other  corporate  authorities  so  join- 
ing, except  where  the  same  are  hereinafter  modified  as  follows,  to-wit : 

The  first  resolution  of  the  board  of  local  improvements  of  each  of 
the  cities,  villages,  incorporated  towns  or  other  corporate  authori- 
ties so  joining,  shall  recite  the  advisability  of  making  the  proposed 
improvement  with  the  city  or  cities,  village  or  villages,  incorporated 
town  or  towns,  or  other  corporate  authorities  whose  co-operation  is 
desired,  and  the  notice  for  public  hearing,  the  ordinance,  and  the 
petition  for  the  confirmation  of  the  assessement  shall,  on  the  part 
of  each  of  the  cities,  villages,  incorporated  towns  or  other  corporate 
authorities  so  joining,  make  reference  thereto:  Provided,  however, 
that  only  so  much  of  said  proposed  improvement  as  lies  within  each 
of  said  municipalities,  shall  be  described  in  said  resolution:  Pro- 
vided, also,  that  whenever  a  remonstrance  petition  as  provided  in 
section  eight  of  this  Act  is  filed  by  the  owners  of  a  majority  of  the 
property  fronting  that  portion  of  said  improvement  which  lies  within 
any  one  of  said  petitioning  municipalities,  said  remonstrance  shall 
stay  said  joint  proceeding  one  year  from  said  date. 

Upon  the  coming  into  court  of  the  petitions,  the  court  shall  ascer- 
tain if  there  is  any  substantial  variance  between  the  ordinances  of  the 
cities,  villages,  incorporated  towns  or  other  corporate  authorities  so 
joining,  and  if  such  substantial  variance  shall  be  found  no  further 
proceedings  shall  be  had  thereon  until  time  shall  have  been  granted 
for  amendments  to  such  ordinance  or  ordinances :   Provided,  hoifever. 


ABSTRACT  OP  STATUTES  147 

that  in  case  amendments  are  necessary,  no  further  resolution,  public 
hearing  or  preliminary  proceedings  leading  up  to  the  same  shall  be 
required. 

When  the  court  shall  be  satisfied  that  the  ordinances  are  alike 
in  substance,  it  shall  enter  an  order  consolidating  said  petitions,  and 
in  said  order,  shall  designate  and  appoint  one  of  said  petitioning 
municipalities  thenceforth  to  conduct  all  proceedings  therein  in  the 
name  of  the  municipality  so  designated,  and  all  of  the  provisions  of 
this  Act  now  applicable  to  municipalities  of  the  class  so  designated, 
shall  govern  the  proceedings  for  the  levy  and  confirmation  of  the 
assessment  for  said  improvement.  The  commissioner  or  commis- 
sioners so  appointed  by  the  court  in  special  assessments  or  condem- 
nation proceedings  are  hereby  expressly  authorized  and  empowered 
to  file  one  assessment  roll  and  report  and  to  levy  said  assessment 
upon  all  lands  within  the  limits  of  said  petitioning  municipalities 
to  the  extent  that  the  same  may  be  benefited  by  said  improvement. 

The  proportion  of  the  cost  of  said  improvement,  if  any,  which 
shall  be  of  benefit  to  the  public,  shall  be  assessed  between  the  peti- 
tioning municipalities  in  such  amounts  as  shall  to  the  court  appear 
to  be  just  and  equitable.  Neither  of  the  petitioning  municipalities 
shall  dismiss  its  petition  except  by  agreement  with  its  co-petitioner 
or  co-petitioners,  or  upon  such  terms  as  to  costs  as  may  be  fixed  by 
the  court :  Provided,  however,  that  the  cost  of  making  and  collect- 
ing that  assessment  for  that  part  of  the  improvement  lying  within, 
the  respective  municipalities,  shall  be  paid  out  of  the  general  funds 
or  levied  upon  the  lands  of  each  of  the  petitioning  municipalities 
in  the  manner  now  provided  by  law. 

The  board  of  local  improvements  of  the  municipality  so  designated 
by  the  court,  shall  have  charge  and  control  of  all  matters  relating  to 
the  letting  of  contracts,  accepting  or  rejecting  bids,  awarding  and 
executing  contracts,  completing  unfinished  work,  execution,  super- 
intendence and  inspection  of  work,  and  the  issuing  of  bonds  and 
vouchers,  the  report  of  the  cost  of  the  work,  crediting  the  excess 
upon  assessments,  rebates,  and  final  hearing  as  to  whether  the  im- 
provement conforms  substantially  to  the  requirements  of  the  ordi- 
nances therefor,  and  of  all  matters  necessary  to  the  construction  of 
said  improvement. 

Each  petitioning  municipality  shall  have  charge  and  control  of 
the  collection  of  the  assessments  levied  upon  the  land  lying  within 
its  jurisdiction,  and  the  treasurer  of  each  of  said  municipalities  or 
such  other  office  as  may  be  authorized  by  law  to  collect  the  same 
shall  pay  over  the  moneys  so  collected  to  the  municipality  so  designa- 
ted, and  appointed  by  the  court  and  said  municipality  shall  pay  such 
moneys  to  the  parties  entitled  thereto:  Provided,  however,  that 
nothing  in  this  section  contained,  shall  be  construed  to  prevent  any 
city,  village,  incorporated  town,  or  other  corporate  authorities  from 


148  ABSTRACT  OF  STATUTES 


proceeding  independently  in  the  making  of  any  improvement,  or 
portion  thereof,  which  might  be  made  jointly  as  aforesaid;  Provided, 
that  where  a  proposed  improvement  lies  wholly  within  one  munici- 
pality, the  proportional  cost  may  be  paid  out  of  the  funds  of  any  other 
municipality  which  may  be  benefited  thereby,  where  such  munici- 
pality has  by  previous  agreement,  under  the  terms  and  conditions 
of  this  Act  entered  into  said  improvement,  either  by  special  assess- 
ment, special  tax  or  by  general  taxation. 

447.  Use  of  provisions  of  this  Act  by  other  corporate  authorities.] 

§  98.  Where\'er  authority  of  law  now  exists  in  corporate  authorities 
in  this  State  to  levy  special  assessments  or  special  taxes  for  local  im- 
pro^'ements,  and  for  that  purpose  to  use  the  proceedings  or  methods 
])rovided  by  Article  9  of  an  Act  entitled  "An  Act  to  provide  for  the 
incorporation  of  cities  and  villages";  approved  April  10,  1872,  in 
force  July  1,  1872,  such  corporate  authorities  are  hereby  authorized 
to  make  use  of  the  provisions  of  this  Act  for  such  purpose,  with  the 
same  effect  and  to  the  same  extent  as  heretofore  authorized  to  use  the 
provisions  of  said  Article  9;  and  any  such  corporate  authorities  as 
may  be  hereafter  authorized  by  law  to  levy  such  special  assessments 
or  special  taxes,  may,  whether  otherwise  expressly  authorized  thereto 
or  not,  make  use  of  the  provisions  of  this  Act  in  like  manner. 

If,  in  any  such  case,  a  board  of  local  improvements,  as  required 
in  this  Act,  does  not  exist,  such  corporate  authorities  shall  take 
such  steps  for  a  public  hearing,  on  the  subject  of  the  proposed  im- 
provement or  improvements,  to  be  paid  for  by  special  assessment  or 
special  taxation,  as  are  herein  required  of  the  board  of  local  im- 
provements, and  shall  act  as  such  board  in  the  manner  herein  pro- 
Added,  as  nearly  as  may  be,  both  in  originating  such  improvements 
and  in  executing  such  work  and  making  payment  therefor. 

448.  Repeal  of  conflicting    acts — pending  cases — reservations.] 

§  99.  All  acts  and  parts  of  acts  in  conflict  with  this  Act  are  hereby 
repealed : 

Provided,  That  the  laws  subsisting  at  the  time  of  the  taking 
effect  of  the  Local  Improvement  Act  of  June  14,  1897,  shall  continue 
to  apply  to  all  proceedings  for  the  condemnation  of  lands,  or  the 
confirmation  of  special  assessments  or  special  taxes  for  local  im- 
provements, which  were  pending  in  any  court  in  this  State  at  the 
time  of  the  taking  effect  of  the  Local  Improvement  Act  of  June 
14,  1897,  and  to  all  proceedings  for  the  collection-  of  any  deficiency 
under  past  levies  already  made  under  any  laws  existing  at  the  time 
of  the  taking  effect  of  the  Local  Improvement  Act  of  June  14,  1897; 
and  also  to  all  proceedings  for  new  assessments  made  in  lieu  of 
others  annulled  before  the  Act  concerning  local  improvements  of 
Jime  14,  1897,  took  effect  by  order  of  some  coiirt.     When  any  in- 


ABSTRACT  OF  STATUTES  149 


stallment  of  an  assessment  confinned  under  prior  Acts  shall  mature, 
proceedings  to  return  the  same  delinquent  and  to  collect  the  same 
shall  conform  to  the  provsions  of  this  Act. 

Where  proceedings  for  local  improvements  to  be  made  by  special 
tax  or  special  assessment  shall  have  been  instituted,  when  this  Act 
shall  take  effect,  and  where  the  assessment  provided  for  therein  has 
not  been  confirmed  by  any  court,  all  future  proceedings  thereunder 
shall  be  as  herein  provided,  with  the  same  effect  as  if  such  proceed- 
ings had  been  commenced  in  accordance  with  the  provisions  herein 
provided:  Provided,  that  nothing  in  this  Act  shall  be  construed  to 
repeal  an  Act  entitled  "An  Act  to  provide  additional  means  for  the 
construction  of  sidewalks  in  cities,  towns  and  villages. 

Provided,  also,  That  nothing  in  this  Act  contained,  shall  be  held 
or  construed  to  be  a  repeal  of  any  of  the  laws  of  the  State  of  Illinois, 
relating  to  civil  service,  and  that  nothing  in  this  Act  contained,  shall 
be  held  or  construed  to  be  a  repeal  or  modification  of  any  of  the  rules 
of  the  civil  service  commission  of  the  city  of  Chicago  adopted  pur- 
suant to  the  civil  service  laws  of  the  State  of  Illinois. 

mechanic's  lien. 

449.  For  public  improvements,  notice;  duty  of  officer  notified.] 

(Chapter  82,  Sec.  37.)  §  23.  Any  person  who  shall  furnish  material, 
apparatus,  fixtures,  machinery,  or  labor  to  any  contractor  for  a  public 
improvement  in  this  State,  shall  have  a  lien  on  the  money,  bonds  or 
warrants  due  or  to  become  due  such  contractor  for  such  improve- 
ment: Provided,  such  person  shall,  before  payment  or  delivery 
thereof  is  made  to  such  contractor,  notify  the  officials  of  the  State, 
county,  township,  city  or  municipality  whose  duty  it  is  to  pay  such 
contractor  of  his  claim  by  a  written  notice.  It  shall  be  the  duty  of 
such  official  so  notified  to  withhold  a  sufficient  amount  to  pay  such 
claim  until  it  is  admitted,  or  by  law  established,  and  thereupon  to 
pay  the  amount  thereof  to  such  person,  and  such  payment  shall  be 
a  credit  on  the  contract  price  to  be  paid  such  contractor.  Any  officer 
violating  the  duty  hereby  imposed  upon  him  shall  be  liable  on  his 
official  bond  to  the  person  serving  such  notice  for  the  damages  re- 
sulting from  such  violation,  which  may  be  recovered  in  an  action  at 
law  in  any  court  of  competent  jurisdiction.  There  shall  be  no 
preference  between  the  persons  serving  such  notice,  but  all  shall  be 
paid  pro  rata  in  proportion  to  the  amount  due  under  their  respective 
contracts.     (200  111.,  527.) 

MUNICIPAL    OWNERSHIP    OF    STREET    RAILWAYS. 

450.  May  own  and  operate  street  railways.]  (Chapter  24,  Sec. 
653.)  §  1.  That  every  city  of  this  State  shall  have  the  power  to 
own,  construct,  acquire,  purchase,  maintain  and  operate  street  rail- 
ways within  its  corporate  limits,  and  to  lease  the  same  or  any  part 


150  ABSTRACT  OF  STATUTES 


of  the  same  to  any  com])anY  incorporated  under  the  laws  of  this  State 
for  the  purpose  of  operating  street  raihvays  for  any  period  not  longer 
than  twenty  years  on  such  terms  and  conditions  as  the  city  council 
shall  deem  for  the  best  interests  of  the  public. 

Bui  no  cit>-  shall  proceed  to  operate  street  railways  unless  the 
proposition  to  operate  shall  first  have  been  submitted  to  the  electors 
of  such  city  as  a  separate  proposition  and  ap])roved  by  three-fifths 
of  those  voting  thereon.  It  shall  be  lawful  for  any  such  city  to 
incorporate  in  any  grant  of  the  right  to  construct  or  operate  street 
railways  a  reservation  of  the  right  on  the  part  of  such  city  to  take 
over  all  or  part  of  such  street  railways,  at  or  before  the  expiration 
of  such  grant,  upon  such  terms  and  conditions  as  may  be  provided 
in  the  grant;  it  shall  also  be  lawful  to  provide  in  any  such  grant 
that  in  case  such  reserved  right  be  not  exercised  by  the  city  and  it 
shall  grant  a  right  to  another  company  to  operate  a  street  railway 
in  the  streets  and  parts  of  streets  occupied  by  a  grantee  under  the 
former  grant  the  new  grantee  shall  piu"chase  and  take  over  the 
street  railway  of  the  former  grantee  upon  the  terms  that  the  city 
might  have  taken  it  over,  and  it  shall  be  lawful  for  the  cit}'  council 
of  any  city  to  make  a  grant  containing  such  a  reservation,  for  either 
the  construction  or  operation  or  both  the  construction  and  operation 
of  a  street  railway  in,  upon  and  along  any  of  the  streets  or  public 
wa^^s  therein,  or  portions  thereof,  in  which  street  railway  tracks 
are  already  located  at  the  time  of  the  making  of  such  grant,  without 
the  petition  or  consent  of  any  of  the  owners  of  the  land  abutting  or 
fronting  upon  any  street  or  public  wa}',  or  portion  thereof,  covered 
by  such  grant. 

No  ordinance  authorizing  a  lease  for  a  longer  period  than  five 
years,  'ov  any  ordinance  renewing  any  lease,  shall  go  into  effect 
until  the  expiration  of  sixty  days  from  and  after  its  passage.  And 
if,  within  such  sixty  days,  there  is  filed  with  the  city  clerk  of  such 
city  a  petition  signed  by  ten  per  cent,  of  the  voters  voting  at  the 
last  preceding  election  for  mayor,  in  such  city,  asking  that  such 
ordinance  be  submitted  to  a  popular  vote,  then  such  ordinance 
shall  first  be  submitted  to  the  electors  of  such  city  and  approved  by 
a  majority  of  those  voting  thereon. 

The  signatures  to  such  petition  need  not  all  be  appended  to  one 
I)aper,  but  each  signer  shall  add  to  his  signature,  which  shall  be  in 
his  own  handwriting,  his  place  of  residence,  giving  the  street  and 
number.  One  of  the  signers  of  each  such  paper  shall  make  oath 
before  an  officer  competent  to  administer  oaths,  that  each  signature 
to  the  paper  appended  is  the  genuine  signature  of  the  person  whose 
name  purports  to  be  thereto  subscribed. 

The  city  council  of  any  city  that  shall  decide  by  popular  vote,  as 
in  this  Act  provided,  to  operate  street  railways,  shall  have  the  power 
to  make  all  needful  rules  and  regulations  respecting  the  operation 


ABSTRACT  OF  STATUTES  151 


of  the  same,  including  the  power  to  fix  and  prescribe  rates  and 
charges,  but  such  rates  and  charges  shall  be  high  enough  to  pro- 
duce a  revenue  sufficient  to  bear  all  costs  of  maintenance  and  oper- 
ation, and  to  meet  interest  charges  on  all  bonds  or  certificates  is- 
sued on  account  of  such  railways,  and  to  pemiit  the  accumulation 
of  a  surplus  or  sinking  fund  that  shall  be  sufficient  to  meet  all  such 
outstanding  bonds  or  certificates  at  maturity.  Street  railways 
owned  and  operated  by  any  such  city,  or  owned  by  the  city  and 
leased  for  operating  purposes  to  a  private  company,  may  carry  pas- 
sengers and  their  ordinary  baggage,  parcels,  packages  and  United 
States  mail,  and  may  be  utilized  for  such  other  purposes  as  the  city 
council  of  such  city  may  deem  proper.  Such  street  railways  may 
be  operated  by  such  motive  power  as  the  city  council  may  approve, 
except  steam  locomotives. 

For  the  purpose  of  acquiring  street  railways  either  by  purchase  or 
construction  as  provided  for  in  this  Act,  or  for  the  equipment  of 
any  such  street  railways,  any  city  may  borrow  money  and  issue  its 
negotiable  bonds  therefor,  pledging  the  faith  and  credit  of  the  city; 
but  no  such  bonds  shall  be  issued  unless  the  proposition  to  issue 
the  same  shall  first  have  been  subinitted  to  the  electors  of  such  city 
and  approved  by  two-thirds  of  those  voting  thereon,  nor  in  an 
amount  in  excess  of  the  cost  to  the  city  of  the  property  for  which 
said  bonds  are  issued  ascertained  as  elsewhere  provided  in  this  Act 
and  ten  (10)  per  cent  of  such  cost  in  addition  thereto.  In  the  exer- 
cise of  the  powers,  or  any  of  them,  granted  by  this  Act,  any  such 
city  shall  have  the  power  to  acquire,  take  and  hold  any  and  all  nec- 
essary property,  real,  personal  or  mixed  for  the  purposes  specified 
in  this  Act,  either  by  purchase  or  condemnation  in  the  manner  pro- 
\'ided  by  law  for  the  taking  and  condemning  of  private  property 
for  public  use,  but  in  no  valuation  of  street  railway  property  for  the 
purpose  of  any  such  acquisition  except  of  street  railways  now  oper- 
ated under  existing  franchises,  shall  any  siun  be  included  as  the 
value  of  any  earning  power  of  such  property  or  of  the  unexpired 
portion  of  any  franchise  granted  by  said  city.  In  case  of  the  leas- 
ing by  any  city  of  any  street  railway  owned  by  it,  the  rental  re- 
served shall  be  based  on  both  the  actual  value  of  the  tangible  prop- 
erty and  of  the  franchise  contained  in  such  lease,  and  such  rental 
shall  not  be  less  than  a  siifficient  sum  to  meet  the  annual  interest 
upon  all  outstanding  bonds  or  street  railway  certificates  issued  by 
said  city  on  account  of  such  street  railway. 

451.  Street  railway  certificates — secured  by  mortgage  or  deed 
of  trust — default  in  payment — foreclosure.]  §  2.  In  lieu  of  issuing 
bonds  pledging  the  faith  and  credit  of  the  city,  as  provided  for  in  sec- 
tion 1  of  this  Act,  any  city  may  issue  and  dispose  of  interest-bearing 
certificates,  to  be  known  as  "street  railway  certificates,"  which  shall 
under  no  circumstances,  be  or  become  an  obligation  or  liability  of 


152  ABSTRACT  OF  STATUTES 


the  city  or  payable  out  of  any  general  fund  thereof,  but  shall  be  pay- 
able solely  out  of  a  specified  portion  of  the  revenues  or  income  to  be 
derived  from  the  street  railway  property  for  the  acquisition  of  which 
they  were  issued.  Such  certificates  shall  not  be  issued  and  secured 
on  any  street  railway  property  in  amount  in  excess  of  the  cost  to 
the  city  of  such  property  as  hereinbefore  provided,  and  ten  (10)  per 
cent  of  such  cost  in  addition  thereto.  In  order  to  secure  the  pay- 
ment of  any  such  street  railway  certificates  and  the  interest  thereon, 
the  city  may  convey,  by  way  of  mortgage  or  deed  of  trust,  any  or  all 
of  the  street  railway  property  acquired  or  to  be  acquired  through  the 
issue  thereof;  which  mortgage  or  deed  or  trust  shall  be  executed  in 
such  manner  as  may  be  directed  by  the  city  council  and  acknowl- 
edged and  recorded  in  the  manner  provided  by  law  for  the  ac- 
knowledgment and  recording  of  mortgages  of  real  estate,  and  may 
contain  such  provisions  and  conditions  not  in  conflict  with  the  pro- 
visions of  this  Act  as  may  be  deemed  necessary  to  fully  secure  the 
payment  of  the  street  railway  certificates  described  therein.  Any 
such  mortgage  or  deed  of  trust  may  carry  the  grant  of  a  privilege 
or  right  to  maintain  and  operate  the  street  railway  property  covered 
thereby,  for  a  period  not  exceeding  twenty  (20)  years  from  and 
after  the  date  such  property  may  come  into  the  possession  of  any 
person  or  corporation  as  the  result  of  foreclosure  proceedings;  which 
privilege  or  right  may  fix  the  rates  of  fare  which  the  person  or  cor- 
poration securing  the  same  as  the  result  of  foreclosure  proceedings 
shall  be  entitled  to  charge  in  the  operation  of  said  property  for  a 
period  not  exceeding  twenty  (20)  years.  Whenever,  and  as  often 
as  default  shall  be  made  in  the  payment  of  any  street  railway  cer- 
tificates issued  and  secured  by  a  mortgage  or  deed  of  trust,  as  afore- 
said, or  in  payment  of  the  intreest  thereon  when  due,  and  any  such 
default  shall  have  continued  for  the  space  of  twelve  (12)  months, 
after  notice  thereof  has  been  given  to  the  mayor  and  financial 
officer  of  the  city  issuing  such  certificates,  it  shall  be  lawful  for  any 
such  mortgagee  or  trustee,  upon  the  request  of  the  holder  or  holders 
of  a  majority  in  amount  of  the  certificates  issued  and  outstanding 
under  such  mortgage  or  deed  of  trust,  to  declare  the  whole  of  the 
principal  of  all  such  certificates  as  may  be  outstanding,  to  be  at 
once  due  and  payable,  and  to  proceed  to  foreclose  such  mortgage  or 
deed  of  trust  in  any  court  of  competent  jurisdiction.  At  a  fore- 
closure sale,  the  mortgagee  or  the  holders  of  such  certificates  may  be- 
come the  purchaser  or  purchasers  of  the  property  and  the  rights 
and  privileges  sold,  if  he  or  they  be  the  highest  bidders.  Any 
street  railways  acquired  under  any  such  foreclosure  shall  be  subject 
to  regulation  by  the  corporate  authorities  of  the  city  to  the  same 
extent  as  if  the  right  to  construct,  maintain  and  operate  such  prop- 
erty had  been  acquired  through  a  direct  grant  without  the  inter- 
vention of  foreclosure  proceedings.  Provided,  however,  that  no 
street  railway  certificates  or  niortgage  shall  ever  be  issued  by  any 


ABSTRACT  OF  STATUTES 153 

city  under  the  provisions  of  this  Act  unless  and  until  the  question 
of  the  adoption  of  the  ordinance  of  the  city  council  making  provision 
for  the  issue  thereof  shall  first  have  been  submitted  to  a  popular 
vote  and  approved  by  a  majority  of  the  qualified  voters  of  the  city 
voting  upon  such  question. 

452.  Books  of  account,  how  to  be  kept — report  of  city  owner- 
ship— expert  accountant.]  §  3.  Every  such  city  owning,  or  own- 
ing and  operating  street  railways,  shall  keep  the  books  of  account 
for  such  street  railways  distinct  from  any  other  city  accounts  and 
in  such  manner  as  to  show  the  true  and  complete  financial  results 
of  such  city  ownership,  or  ownership  and  operation,  as  the  case 
may  be.  Such  accounts  shall  be  so  kept  as  to  show  the  actual 
cost  to  such  city  of  street  railways  owned;  all  costs  of  maintenance, 
extension  and  improvement;  all  operating  expenses  of  every  descrip- 
tion, in  case  of  such  city  operation;  the  amounts  set  aside  for  sinking 
fund  purposes ;  if  water  or  other  service  shall  be  furnished  for  the  use 
of  such  street  railways  without  charge,  the  accounts  shall  show,  as 
nearly  as  possible,  the  value  of  such  service,  and  also  the  value  of  such 
similar  service  rendered  by  the  street  railways  to  any  other  city 
department  without  charge ;  such  accounts  shall  also  show  reasonable 
allowances  for  interest,  depreciation  and  insiirance,  and  also  estimates 
of  the  amount  of  taxes  that  would  be  chargeable  against  such  property 
if  owned  by  a  private  corporation.  The  city  council  shall  cause  to  be 
printed  annually  for  public  distribution,  a  report  showing  the  financial 
results,  in  form,  as  aforesaid,  of  such  city  ownership,  or  ownership 
and  operation.  The  accounts  of  such  street  railways,  kept  as  afore- 
said, shall  be  examined  at  least  once  a  year  by  an  expert  accountant, 
who  shall  report  to  the  city  council  the  results  of  his  examination. 
Such  expert  accountant  shall  be  selected  in  such  manner  as  the  city 
council  may  direct,  and  he  shall  receive  for  his  services  such  com- 
pensation, to  be  paid  out  of  the  income  or  revenues  from  such  street 
railways,  as  the  city  council  may  prescribe. 

453.  Adoption  of  Act — reserving  right  in  grant  or  lease.]     §  4. 

This  Act  shall  not  be  in  force  in  any  city  until  the  question  of 
its  adoption  in  such  city  shall  first  have  been  submitted  to  the 
electors  of  such  city  and  approved  by  a  majority  of  those  voting 
thereon.  The  city  council  of  any  such  city  may,  by  ordinance, 
direct  that  the  question  of  the  adoption  of  this  Act  in  such  city  be 
submitted  to  popular  vote  at  any  general,  city  or  special  election 
in  and  for  the  entire  city,  coming  not  sooner  than  thirty  days 
from  and  after  the  passage  of  the  ordinance.  If  the  city  council 
in  any  city  shall  incorporate  in  any  grant  to  a  private  company 
of  the  right  to  construct  or  operate  street  railways  a  provision  re- 
serving to  such  city  the  right  to  take  over  such  street  railways  at 
or  before  the  expiration  of  the  grant,  in  case  the  people  of  such 
city  shall  later  adopt  this  Act  as  herein  provided,  such  provision 


154  ABSTRACT  OF  STATUTES 


shall  be  as  valid  and  effective  for  all  purposes,  in  case  such  city 
shall  later  adopt  this  Act  as  herein  provided,  as  if  the  said  ]jro vision 
were  made  a  part  of  such  grant  after  the  adoption  of  this  Act  by 
such  city. 

454.  Submission  of  question  to  popular  vote — ordinance — elec- 
tion.] §  5.  In  all  cases  provided  in  this  Act  for  the  submission 
of  questions  or  propositions  to  popular  vote,  the  cit}^  council  shall 
pass  an  ordinance  stating  the  substance  of  the  proposition  or  question 
to  be  voted  upon  and  designating  the  election  at  which  such  question 
or  projiosition  is  to  be  submitted,  which  may  be  any  general,  city 
or  special  election  in  and  for  the  entire  city  coming  not  sooner  than 
thirty  days  from  and  after  the  passage  of  said  ordinance.  The  city 
clerk  of  such  city  shall  promptly  certify  the  passage  of  such  ordinance 
to  the  proper  election  officials,  and  it  shall  thereupon  be  the  duty  of 
such  election  officials  to  submit  such  question  or  proposition  to 
popular  vote. 

455.  Act  how  to  be  construed  as  to  period  for  which  city  may 
make  grant  or  lease.]  §  6.  Nothing  in  this  Act  contained  shall 
be  construeed  to  authorize  any  city  to  make  any  street  railway  grant, 
or  to  lease  any  street  railway  property,  for  a  period  exceeding  twenty 
(20)  years  from  the  making  of  such  grant  or  lease.  Provided,  that 
when  a  right  to  maintain  and  operate  a  street  railway,  for  a  period 
not  exceeding  twenty  (20)  years  is  contained  in  a  mortgage  or  deed 
of  trust  to  secure  street  railway  certificates  (and  no  such  right  shall 
be  implied),  such  period  shall  commence  as  provided  in  section  two 
(2)  of  this  Act. 

OFFICIAL  BONDS. 

456.  When  additional  or  new  bonds  may  be  required.]  Chapter 
103.  §  1.  That  all  official  bonds  required  by  law  to  be  given  by  any 
pubHc  officer,  or  public  employe,  including  executors,  administra- 
tors, guardians  and  conservators,  in  this  State,  shall  be  signed  and 
sealed  by  any  said  officer,  employe,  executor,  administrator,  guar- 
dian or  conservator  and  his  securities,  and  acknowledged  before 
some  officer  authorized  by  law  to  take  acknowledgments  of  instru- 
ments, under  seal,  which  said  acknowledgments  shall  be  substan- 
tialh-  in  the  following  fonn : 

State  of 1 


County  of 

I,' ',  hereby  certify  that ,  who  are  each  persoiially 

known  to  me  to  be  the  same  persons  whose  names  are  subscribed  to  the  fore- 
going instrument,  appeared  before  me  this  day  in  person  and  acknowledged 
that  they  signed,  sealed  and  delivered  said  instrument  as  their  free  and  volun- 
tary act  for  the  uses  and  purposes  therein  set  forth. 

"  Given  under  my  hand  and seal  this day  of  ,  A.  D 

Which  acknowledgment  shall  be  deemed  and  taken  as  prima  facie 
e\-idence  that  the  instrument  was  signed,  sealed  and  acknowledged 


ABSTRACT  OF  STATUTES  155 


in  the  manner  therein  set  forth,  and  such  acknowledgment  shall 
have  the  same  force  and  effect  as  evidence  in  all  legal  proceedings 
as  that  given  to  acknowledgments  of  deeds  of  conveyance  of  real 
estate.  That  all  public  officers  or  employes  who  are  compelled  to 
give  official  bonds  may  be  required  by  the  court,  officer  or  board 
whose  duty  it  is  to  take  or  approve  such  bonds,  to  give  additional 
surety  or  new  bonds  whenever  the  security  of  the  original  bond  has 
become  insufficient  by  the  subsequent  insolvency,  death  or  removal 
of  the  sureties  or  any  of  them,  or  when  for  any  cause  any  such  bond 
shall  be  deemed  insufficient.  Any  officer  or  employe  faihng  to  give 
bond  when  required,  pursuant  to  this  section,  within  ten  days  after 
he  is  notified  in  writing  of  such  request,  shall  be  deemed  to  have 
vacated  his  office. 

457.  Release  of  sureties.]  §  10.  When  a  surety  upon  the 
official  bond  of  any  State  officer  or  agent,  county,  town,  city,  village, 
incorporated  town  or  other  public  officer,  or  the  heir,  executor  or 
administrator  of  such  surety,  desires  to  be  released  from  such  bond, 
he  may  give  notice  in  writing  to  the  officer  upon  whose  bond  he  is 
siirety  that  he  desires  to  be  so  released,  and  that  such  officer  give 
a  new  bond  with  sufficient  sureties  within  ten  days  after  receiving 
such  notice,  and  may  within  five  days  after  the  service  of  such  notice 
deliver  a  copy  of  the  same,  with  an  affidavit  showing  the  time  and 
manner  of  service,  to  the  court,  officer  or  board  authorized  to  approve 
the  bonds  of  such  oificers.  And  if  such  officer  shall  not  within  ten 
days  after  receiving  such  notice,  or  within  such  further  time,  not 
•exceeding  twenty  days,  as  the  court,  officer  or  board  shall  allow, 
give  a  new  bond,  with  sufficient  security,  approved  as  required  by 
law,  his  office  shall  become  vacant,  and  the  vacancy  shall  be  filled  as 
provided  by  law. 

458.  Effect  of  new  bond.]  §  11.  If  a  new  bond  shall  be  given 
by  any  officer,  as  provided  in  the  foregoing  sections  of  this  Act, 
then  the  former  sureties  shall  be  entirely  released  and  discharged 
from  all  liabilities  incurred  by  any  such  officer  in  consequence  of 
business  which  may  have  come  to  hand  from  and  after  the  time  of 
the  approval  of  the  said  new  bond,  and  the  sureties  to  the  new  bond 
are  hereby  declared  to  be  liable  for  all  the  official  delinquencies  of 
said  officer,  whether  of  omission  or  commission,  which  may  occur 
after  the  approval  of  the  new  bond  as  aforesaid;  but  the  provisions 
of  this  Act  shall  not  be  so  construed  as  to  operate  as  a  release  of  the 
sureties  of  any  of  the  aforesaid  officers  for  liabilities  incurred  previous 
to  the  filing  of  a  new  bond,  as  required  in  the  foregoing  sections  of 
this  Act. 

459.  When  effects  to  be  delivered  to  sureties.]  §  12.  It  shall 
be  the  duty  of  such  officer,  if  he  shall  fail  to  give  bond  as  provided 
for  in  this  Act,  forthwith  to  deliver  over  to  his  sureties  all  books, 
moneys,  vouchers,  papers  and  every  description  of  property  what- 


156  ABSTRACT  OK  STATUTES 

ever  pertaining  to  his  office,  and  the  said  sureties  may,  at  any  time 
after  said  failure  to  file  said  bond,  maintain  an  action  of  replevin, 
or  other  ap]jropriate  action,  to  recover  such  property,  money  or 
effects  from  their  said  principal. 

460.  Cost  of  furnishing  security  on  oflacial  bond.  (Chapter  104, 
Sec.  19.)  §  1.  That  the  State,  or  any  county,  township,  municipal- 
ity, public  board  or  body  may  pay  out  of  the  funds  of  said  State, 
county,  municipality,  township  or  board  the  cost  of  any  official  bond 
furnished  by  any  officer  of  said  State,  county,  township,  municipality, 
public  board  or  body  required  by  the  laws,  rules  or  regulations  thereof 
to  execute  the  same,  in  case  said  officer  shall  furnish  the  same  with  a 
surety  company  or  companies  authorized  to  do  business  in  this 
State  under  the  laws  thereof,  said  cost  not  to  exceed,  however,  one- 
half  of  one  per  cent,  per  annum  on  the  amount  of  said  bond  or  obli- 
gation by  said  surety  executed. 

PARKS. 

461.  Special  fund  for  parks  and  boulevards.]  (Chapter  105, 
Sec.  103.)  §  1.  That  the  city  council  in  cities  having  a  population 
of  not  less  than  five  thousand  nor  more  than  one  hundred  thousand 
inhabitants  to  be  ascertained  by  the  last  United  States  census, 
whether  incorporated  under  the  general  law  or  special  charter,  shall 
have  the  power,  by  ordinance,  to  provide  annually  by  taxation,  a 
special  fund  not  to  exceed  (18)  eighteen  cents  on  each  one  hundred 
dollars  valuation  of  the  taxable  property  within  the  corporate  limits 
of  said  cities,  to  be  assessed  and  collected  in  the  same  manner  as  the 
other  general  taxes  for  said  cities  are  assessed  and  collected,  to  be 
used  only  for  the  purpose  of  purchasing  land  for  parks  and  boulevards 
in  and  around  such  cities,  and  for  opening,  improving  and  maintaining 
the  same:  Provided,  that  the  said  annual  park  and  boulevard  tax 
shall  not  be  included  in  the  aggregate  amount  of  taxes  as  limited  by 
section  one  (1)  of  article  eight  (8)  of  "An  Act  for  the  incorporation 
of  cities  and  villages,"  approved  April  10,  1872,  and  the  amendatory 
Acts  thereto,  or  by  any  provision  of  any  special  charter  under  which 
any  city  in  this  State  is  now  organized;  and,  provided  further,  that 
an  amount  not  to  exceed  twenty  per  cent,  of  such  special  fund  may. 
be  expended  for  the  purpose  of  providing  music  in  such  parks  during 
the  months  of  May,  June,  July,  August  and  September  in  each  year. 

462.  Tax  may  be  paid  to  associations.]  §  2.  The  funds  so 
provided,  may  be  used  for  the  purchase  of  land  for  such  purpose 
within  the  corporate  limits  or  in  adjoining  townships,  and  in  such 
cities  where  boulevard  and  park  associations  have  been  or  may 
hereafter  be  incorporated  under  the  general  law  and  are  now  in 
operation,  doing  the  work  provided  for  under  this  Act,  the  proceeds 
of  such  tax  may  be  placed  in  the  hands  of  such  association  for  such 
purposes. 


ABSTRACT  OF  STATUTES  157 


463.  Submitted  to  voters.]  §  3.  Nothing  in  this  Act  con- 
tained shall  authorize  any  city  to  levy  or  collect  any  tax  herein 
provided  for  until  the  question  of  such  levy  shall  have  been  sub- 
mitted to  the  legal  voters  of  such  city  at  a  general  or  special  election 
and  authorized  by  a  majority  of  the  votes  cast  at  such  election,  and 
■at  least  one  week's  public  notice  that  such  question  will  be  so  sub- 
mitted at  such  election  shall  be  previously  given  by  the  mayor  of 
such  city,  by  publishing  such  notice  in  one  or  more  of  the  news- 
papers of  such  city. 

PATROL    WAGONS. 

464.  Patrol  wagons  to  be  covered.]  (Chapter  24,  Sec.  441.) 
§  1.  That  all  cities  of  fifty  thousand  inhabitants  or  upwards  in  this 
State  owning,  controlling  or  using  patrol  wagons,  omnibuses,  vans 
or  other  vehicles  of  any  class  or  kind,  for  the  purpose  of  conveying 
prisoners  to  police  stations,  jails,  houses  of  correction,  penitentiaries 
or  other  places  for  the  detention  of  such  prisoners,  shall  provide 
suitable  covers  or  canopies  for  such  patrol  wagons,  omnibuses,  vans 
or  other  vehicles,  so  that  the  prisoners  who  may  be  conveyed  therein 
shall  not  be  exposed  to  public  view. 

465.  Unlawful  to  convey  prisoner  in  uncovered  patrol    wagon.] 

§  2.  It  is  and  shall  be  unlawful  for  the  authorities  or  officers  of  any 
such  city  in  this  State  to  compel  any  person  who  is  under  aiTcst, 
imprisoned  or  detained,  or  in  their  care,  custody  or  charge,  to  ride 
or  to  be  driven  in  an  open  or  uncovered  patrol  wagon,  omnibus,  van 
or  other  vehicle  of  any  class  or  kind,  named  in  the  first  section  of  this 
Act  in  or  through  the  public  streets,  or  other  public  places  in  this 
State. 

PLATS. 

466.  Laying  out  towns,  etc.]  (Chapter  109.)  §  1.  Whenever 
the  owner  of  lands  shall  wish  to  subdivide  the  same  into  two  or  more 
parts  for  the  purpose  of  laying  out  a  town,  or  making  any  addition  to 
any  city,  village  or  town,  or  of  re-subdividing  any  lots  or  blocks 
therein,  he  shall  cause  the  same  to  be  surveyed  and  a  plat  thereof  to 
be  made  by  the  county  surveyor  or  some  other  competent  surveyor, 
which  plat  shall  particularly  describe  and  set  forth  all  the  streets, 
alleys,  common  or  public  grounds,  and  all  the  in  and  out  lots  or 
fractional  lots  or  blocks  within,  adjoining  or  adjacent  to  the  land  so 
divided,  giving  the  names,  widths,  courses  and  extent  of  all  such 
streets  and  alleys,  and  numbering  all  lots  and  blocks  by  progressive 
numbers,  giving  their  precise  length  and  width.  Reference  shall  also 
be  made  upon  the  plat  to  some  known  and  permanent  monument  from 
which  future  surveys  may  be  made,  or  if  no  such  monument  shall 
exist  within  convenient  distance,  the  surveyor  shall,  at  the  time  of 
making  his  survey,  plant,  and  fix  in  such  manner  that  the  same 
shall  not  be  moved  by  frost,  at  the  corner  of  some  public  ground,  or 


158  ABSTRACT  OF  STATUTES 

if  there  be  none,  then  at  the  comer  of  some  lot  or  block  most  con- 
venient for  reference,  a  good  and  sufficient  stone,  to  be  furnished 
by  the  person  for  whom  the  survey  is  made,  and  designate  upon  the 
plat  the  point  where  the  same  may  be  found. 

467.  Certificate    of    surveyor — acknowledgment — record.]     §  2. 

The  plat  having  been  completed,  shall  be  certified  by  the  surveyor 
and  acknowledged  by  the  owner  of  the  land,  or  his  attorney  duly 
authorized,  in  the  same  manner  as  deeds  of  land  are  required  to  be 
acknowledged.  The  certificate  of  the  surveyor  and  of  acknowledg- 
ment, together  with  the  plat,  shall  be  recorded  in  the  recorder's 
office  of  the  county  in  which  the  land  is  situated,  and  such  acknowl- 
edgment and  record  shall  have  like  effect  and  certified  copies  thereof 
and  of  such  plat  or  of  any  plat  heretofore  acknowledged  and  certified 
according  to  law,  may  be  used  in  evidence  to  the  same  extent  and 
with  like  effect,  as  in  case  of  deeds. 

468.  Dedication — effect  of.]  §  3.  The  acknowledgment  and 
recording  of  such  plat  shall  be  held  in  law  and  in  equity  to  be  a 
conveyance  in  fee  simple  of  such  portions  of  the  premises  platted 
as  are  marked  or  noted  on  such  plat  as  donated  or  granted  to  the 
public,  or  any  person,  religious  society,  corporation  or  body  politic, 
and  as  a  general  warranty  against  the  donor,  his  heirs  and  repre- 
sentatives to  such  donee  or  grantee  for  their  use  or  for  the  use  and 
purposes  therein  named  or  intended,  and  for  no  other  use  or  pur- 
pose. And  the  premises  intended  for  any  street,  alley,  way,  com- 
mon or  other  pubHc  use  in  any  cit^^  village  or  town,  or  addition 
thereto,  shall  be  held  in  the  corporate  name  thereof  in  trust  to  and 
for  the  uses  and  purposes  set  forth  or  intended. 

469.  Neglect  to  plant  comer  stone,  etc.]  §  4.  Whoever 
shall  lay  out  any  town  or  make  any  addition  to  any  city,  village  or 
town,  or  re-subdivide  any  lots  or  blocks  therein,  and  neglect  to  plant 
any  comer  stone  when  required  by  this  Act,  or  shall  survey  the 
same  or  cause  it  to  be  surveyed  in  any  other  manner  than  that 
which  is  prescribed  in  this  Act,  shall  be  fined  in  any  sum  not  less 
than  $25  nor  exceeding  $100. 

470.  Penalty  for  selling  without  plat  recorded,  etc.]  §  5.  Who- 
ever shall  sell  or  offer  for  sale,  or  lease  for  any  time  exceeding  five 
years,  any  lot  or  block  in  any  town,  city  or  village,  or  any  addition 
thereto,  or  any  re-subdivision  of  any  lot  or  block  therein,  before  all 
the  requisitions  of  this  Act  have  been  complied  with,  shall  be  fined 
$25  for  each  lot  or  block  or  part  thereof  so  disposed  of,  offered  for 
sale  or  leased. 

471.  Vacation  of  plats.]  §  6.  Any  such  plat  may  be  vacated 
by  the  owner  of  the  ])rcmises  at  any  time  before  the  sale  of  any 
lot  therein,  by  a  written  instrument  declaring  the  same  to  be 
vacated,  executed,   acknowledged  or  proved,   and  recorded  in  like 


ABSTRACT  OF  STATUTES  159 


manner  as  deeds  of  land;  which  declaration  being  duly  recorded, 
shall  operate  to  destroy  the  force  and  effect  of  the  recording  of  the 
plat  so  vacated,  and  to  divest  all  public  rights  in  the  streets,  alleys 
and  public  grounds,  and  all  dedications  laid  out  or  described  in  such 
plat.  When  lots  have  been  sold,  the  plat  may  be  vacated  in  the 
manner  herein  provided  by  all  the  owners  of  lots  in  such  plat -join- 
ing in  the  execution  of  such  writing. 

472.  Of  parts  of  plat.]  §  7.  Any  part  of  a  plat  may  be  vacated 
in  the  manner  provided  in  the  preceding  section,  and  subject  to 
the  conditions  therein  prescribed:  Provided,  such  vacation  shall 
not  abridge  or  destroy  any  of  the  rights  or  privileges  of  other  pro- 
prietors in  such  plat:  And,  provided,  further,  that  nothing  contained 
in  this  section  shall  authorize  the  closing  or  obstructing  of  any  public 
highway  laid  out  according  to  law. 

473.  Canceling  plat  of  record.]  §  8.  When  any  plat  or  part 
thereof  is  vacated,  the  recorder  in  whose  office  the  plat  is  recorded, 
shall,  upon  the  recording  of  such  vacation,  write  in  plain  letters  across 
the  plat  or  part  so  vacated  the  word  "vacated,"  and  shall  also  make 
a  reference  on  the  same  to  the  volume  and  page  in  which  the  instru- 
ment of  vacation  is  recorded. 

474.  Plats  of  highways,  etc.,  to  be  made  and  recorded.]  §  9. 
Whenever  any  highway,  road,  street,  alley,  public  ground,  toll- 
road,  railroad  or  canal  is  laid  out,  located,  opened,  widened  or  ex- 
tended or  the  location  thereof  altered,  it  shall  be  the  duty  of  the  com- 
missioners, authorities,  officers,  persons  or  corporations,  public  or 
private,  laying  out,  locating,  opening,  widening,  extending  or  altering 
the  same,  to  cause  a  plat  thereof  showing  the  width,  courses  and 
extent  thereof,  and  making  such  reference  to  known  and  estab- 
lished corners  or  monuments  that  the  location  thereof  may  be 
ascertained,  to  be  made,  and  recorded  in  the  office  of  the  recorder 
of  the  county  in  which  the  premises  taken  or  used  for  the  same, 
or  any  part  thereof,  are  situated,  within  six  months  after  such  high- 
way, road,  street,  alley,  public  ground,  toll-road,  railroad  or  canal 
is  laid  out,  located,  opened,  widened  or  extended,  or  the  location 
thereof  altered;  and  when  any  highway,  road,  street,  alley,  pub- 
lic ground,  toll-road,  railroad  or  canal  is  vacated,  the  order,  ordi- 
nance or  other  declaration  vacating  the  same  shall  be  in  like  man- 
ner recorded.  This  Act  shall  not  be  construed  to  alter  or  affect 
any  law  specifically  providing  for  the  recording  of  any  such  plat, 
or  to  require  the  same  to  be  recorded  sooner  than  is  so  specific- 
ally provided;  except  that  any  requirements  to  record  such  plat 
in  any  other  place  than  is  provided  herein,  shall  not  excuse  the 
parties  from  complying  with  this  Act.  Whoever  shall  refuse  or 
neglect  to  comply  with  this  section  shall  forfeit  $25,  and  the  like 
sum  for  every  month  he  shall  continue  in  such  refusal  or  neglect 
after  conviction  therefor,  to  be  recovered  before  any  justice  of  the 


160  ABSTRACT  OF  STATUTES 


peace  of  the  county,  in  the  name  of  the  county,  one-half  to  the  use 
of  the  county,  and  the  other  half  to  the  use  of  the  person  complain- 
ing. 

475.  Prosecuting  offenders.]  §  10.  Whenever  it  shall  come  to 
the  knowledge  of  the  recorder  of  deeds  of  any  county  that  any  of 
the  provisions  of  this  Act  have  been  violated,  it  shall  be  his  duty  to 
notify  the  state's  attorney  of  the  fact,  and  the  state's  attorney  shall 
immediately  institute  suit,  and  prosecute  the  same  to  final  jud<^ment 
against  the  person  offending. 

476.  Vacation  of  streets.]  (Chapter  145.)  §  1.  That  no  city 
council  of  any  city,  or  board  of  trustees  of  any  village  or  town,  whether 
incorporated  by  special  Act  or  under  any  general  law,  shall  have  power 
to  vacate  or  close  any  street  or  alley,  or  any  portion  of  the  same, 
except  upon  a  three-fourths  majority  of  all  the  aldermen  of  the  city 
or  trustees  of  the  village  or  town  authorized  by  law  to  be  elected; 
such  vote  to  be  taken  by  ayes  and  noes,  and  entered  on  the  records 
of  the  council  or  board.  And  when  property  is  damaged  by  the 
vacation  or  closing  of  any  street  or  alley,  the  same  shall  be  ascer- 
tained and  paid  as  provided  by  law. 

477.  Rights  of  adjoining  owners.]  §  2.  When  any  street, 
alley,  lane  or  highway,  or  any  part  thereof,  has  been  or  shall  be  va- 
cated under  or  by  virtue  of  any  act  of  this  State  or  by  order  of  the 
city  council  of  any  city  or  trustees  of  any  village  or  town,  or  by.  the 
commissioners  of  highways,  county  board,  or  other  authority  au- 
thorized to  vacate  the  same,  the  lot  or  tract  of  land  immediately  ad- 
joining on  either  side  shall  extend  to  the  central  line  of  such  street, 
alley,  lane  or  highway  or  part  thereof  so  vacated,  unless  otherwise 
specially  provided  in  the  act,  ordinance  or  order  vacating  the  same, 
unless,  in  consequence  of  more  of  the  land  for  such  street,  alley, 
lane  or  highway  having  been  contributed  from  the  land  on  one  side 
thereof  than  the  other,  such  division  is  inequitable,  in  which  case 
the  street,  alley,  lane  or  highway  so  vacated  shall  be  divided  accord- 
ing to  the  equities  of  the  adjoining  owners. 

PLEASURE    DRIVEWAYS. 

478.  May  establish  pleasure  driveways.]  (Chapter  24,  Sec.  435.) 
§  1.  That  the  city  council  in  cities,  the  president  and  the  board  of 
trustees  in  villages,  or  the  board  of  trustees  in  incorporated  towns, 
whether  incorporated  under  the  general  law,  or  special  charter,  shall 
have  the  power  to  designate  by  ordinance  the  whole  or  any  part  of 
not  to  exceed  two  streets,  roads,  avenues,  boulevards  or  highways, 
under  their  jurisdiction,  as  a  pubHc  driveway,  to  be  used  for  pleasure 
driving  only,  and  to  improve  and  maintain  the  same,  and  also  to 
lay  out,  establish,  open,  alter,  widen,  extend,  grade,  pave  or  other- 
wise improve  and  maintain  not  more  than  two  roads,  streets  or  ave- 


ABSTRACT  OF  STATUTES  161 

nues,  and  designate  the  same  as  pleasure  driveways  to  be  used  for 
pleasure  driving  only:  Provided,  said  powers  shall  only  be  exercised 
when  said  corporate  authorities  are  petitioned  thereto  by  the  own- 
ers of  more  than  two-thirds  (f)  of  the  frontage  of  land  fronting 
upon  said  proposed  pleasure  driveway. 

479.  May  be  laid  out  under  article  9.]  §  2.  Said  pleasure 
driveways  may  be  laid  out,  extended  and  improved  under  the  pro- 
visions of  article  9  of  an  Act  to  provide  for  the  incorporation  of 
cities  and  villages,  approved  April  10,  1872,  in  force  July  1,  1872, 
and  any  and  all  amendments  thereto. 

480.  Powers    of    corporate    authorities    to    regulate,    etc.]     §  3. 

Said  corporate  authorities  may,  by  ordinance,  regulate,  restrain 
and  control  the  speed  of  travel  upon  said  pleasure  drives,  and  pre- 
scribe the  kind  of  vehicles  that  shall  be  allowed  upon  the  same, 
and  in  all  things  may  regulate,  restrain  and  control  the  use  of  said 
pleasure  driveways  by  the  public  or  individuals,  and  may  exclude 
therefrom  funeral  processions,  hearses  and  traffic  teams  and  vehi- 
cles, so  as  to  free  the  same  from  any  and  all  business  traffic  or  ob- 
jectionable travel,  and  make  the  same  a  pleasure  driveway  for 
pleasure  driving  only,  and  may  prescribe  in  such  ordinances  such 
fines  or  penalties  for  the  violation  thereof  as  they  are  allowed  by 
law  to  prescribe  for  the  violation  of  other  ordinances. 

PLUMBERS. 

481.  Certificate.]  (Chapter  24,  Sec.  498.)  §  1.  That  any  per- 
son now  or  hereafter  engaging  in  or  working  at  the  business  of  plumb- 
ing in  cities  or  towns  of  5,000  inhabitants  or  more  in  this  State,  either 
as  a  master  plumber  or  employing  plumber,  or  as  a  journeyman 
plumber,  shall  first  receive  a  certificate  thereof,  in  accordance  with 
the  provisions  of  this  Act. 

482.  Board  to  examine  plumber's  certificate.]  §  2.  Any  per- 
son desiring  to  engage  in  or  work  at  the  business  of  plumbing,  either 
as  a  master  plumber  or  employing  plumber,  or  as  a  journeyman 
plumber,  shall  make  application  to  a  board  of  examiners  herein- 
after provided  for,  and  shall,  at  such  time  and  place  as  said  board 
may  designate,  be  compelled  to  pass  such  examination  as  to  his 
qualifications,  as  said  board  may  direct;  said  examination  may  be 
made  in  whole  or  in  part,  or  [in]  writing,  and  shall  be  of  a  practical 
and  elementary  character,  but  sufficiently  strict  to  test  the  qualifi- 
cations of  the  applicant. 

483.  Board  to  be  appointed  by  the  mayor.]  §  3.  That  there 
shall  be  in  every  city,  town  or  village  of  10,000  inhabitants  or  more, 
a  board  of  examiners  of  plumbers,  consisting  of  three  members,  one 
of  which  shall  be  the  chainiian  of  the  board  of  health;  who  shall  be 
office   [ex  officio]   chainnan  of  said  board  of  examiners,   a  second 


162  ABSTRACT  OF  STATUTES 


member,  who  shall  be  a  master  plumber,  and  a  third  member  who 
shall  be  a  journeyman  plumber.  Said  second  and  third  members 
shall  be  appointed  by  the  mayor  and  approved  by  the  [city]  council 
or  by  the  board  of  trustees  of  said  town,  or  village  within  three 
months  after  the  passage  of  this  Act,  for  the  term  of  one  year  from 
the  first  day  of  May,  in  the  year  of  appointment,  and  thereafter 
annually  before  the  first  day  of  May,  and  shall  be  paid  from  the 
treasury  of  said  city,  town  or  village,  the  same  as  other  officers, 
in  such  sums  as  the  authorities  may  designate. 

484.  Meeting  of  board  of  examiners — scope  of  examination — 
certificate  of  qualification — fee  for.]  §  4.  Said  board  of  examiners 
shall,  as  soon  as  may  be,  after  the  appointment,  meet  and  shall  then 
designate  the  times  and  places  for  the  examination  of  all  ajjplicants 
desiring  to  engage  in,  or  work  at  the  business  of  plumbing,  within 
their  respective  jurisdiction.  Said  board  shall  examine  said  appli- 
cants as  to  their  practical  knowledge  of  plumbing,  house  drainage, 
and  plumbing  ^'entilation ;  and,  if  satisfied  of  the  competency  of 
such  applicants,  shall  thereupon  issue  a  certificate  to  such  applicant, 
authorizing  him  to  engage  in,  or  work  at  the  business  of  plumbing, 
whether  as  master  plumber,  or  employing  plumber,  or  as  a  journey- 
man plumber. 

The  fee  for  a  certificate  for  a  master  plumber,  or  employing  plum- 
ber, shall  be  $50.00;  for  a  journeyman  plumber  it  shall  be  $1.00. 
Said  certificate  shall  be  valid  and  have  force  throughout  the  State 
for  a  period  of  one  year  from  date  of  issuance,  and  may  be  renewed 
upon  its  expiration  by  payment  in  advance  of  an  annual  renewal  fee 
of  $10.00  for  the  certificate  of  a  master  plumber  or  employing  plum- 
ber, and  the  pa^nment  in  advance  of  an  annual  renewal  fee  of  $1.00" 
for  the  certificate  of  a  journeyman  plumber.  All  fees  received  for 
said  certificate  shall  be  paid  into  the  treasury  of  the  city,  town,  or 
village  where  said  certificates  are  issued. 

485.  Cities,  etc.,  to  prescribe  rules  and  regulations  for  the 
material,  constructions,  alterations  and  inspection  of  all  plumbing 
ind  sewerage,  etc.]  §  5.  Each  city,  town  or  village  in  this  State 
. ,  i\-ing  a  system  of  water  supply  or  sewerage,  shall  by  ordinance  or 
i:  /-law,  within  three  months  of  the  passage  of  this  Act,  prescribe 
rales  and  regulations  for  the  materials,  constructions,  alteration  and 
inspection  of  all  plumbing  and  sewerage  placed  in,  or  in  connection 
with,  any  building  in  such  city,  town  or  village;  and  the  board  of 
health,  or  proper  authorities,  shall  further  pro\4de  that  no  plimibing 
work  shall  be  done,  except  in  case  of  repairing  leaks,  without  a  permit 
being  first  issued  therefor,  upon  such  terms  and  conditions  as  such 
city,  town  or  village  shall  prescribe. 

486.  Who  required  to  take  examination  and  procure  certificates.] 

§  6.     All  persons  who  are  required  by  this  Act  to  take  examinations 


ABSTRACT  OF  STATUTES  163 


and  procure  a  certificate  as  required  by  this  Act,  shall  apply  to  the 
board  in  the  city  where  he  resides  or  to  the  board  nearest  his  place  of 
residence. 

487.  Penalty  for  violating  act.]  §  7.  Any  person  violating  any 
provision  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and 
be  subject  to  a  fine  of  not  less  than  five  dollars  ($5.00)  nor  exceeding 
fifty  dollars  ($50.00)  for  each  and  every  violation  therefor,  and  his 
certificate  may  be  revoked  by  the  board  of  health  or  proper  authori- 
ties of  said  city,  town  or  village. 

PUBLIC  BUILDINGS. 

488.  Doors  to  open  outward.]  (Chapter  HI.)  §  1.  That  all 
public  buildings  now  in  process  of  construction  or  hereafter  to  be 
built  or  constructed,  which  may  or  shall  be  used  for  churches,  school 
houses,  operas,  threaters,  lecture  rooms,  hotels,  pubHc  meetings, 
town  halls,  or  which  may  or  shall  be  used  for  any  purpose  whereby  a 
collection  of  people  may  be  assembled  together  for  religious  worship, 
amusement  or  instruction,  shall  be  so  built  and  constructed  that  all 
doors  leading  from  the  main  hall  or  place  where  said  collection  of  peo- 
ple may  be  assembled,  or  from  the  principal  room  which  may  be  used 
for  any  of  the  purposes  aforesaid,  shall  be  so  swung  upon  their  hinges 
and  constructed  that  said  doors  shall  open  outward;  and  that  all 
means  of  egress  for  the  public  from  the  main  hall  or  principal  room 
and  from  the  building,  shall  be  by  means  of  doors  which  shall  open 
outward  from  the  main  hall  or  building. 

489.  Penalty.]  §  2.  That  any  person  or  persons  who  shall 
fail  or  refuse  to  comply  with  the  provisions  of  this  Act  shall  be  fined 
in  any  sum  not  less  than  $100  nor  more  than  $1,000. 

490.  When  public  buildings  may  be  closed.]  §  3.  That  in 
all  cities  and  towns  having  a  population  of  two  thousand  inhabit- 
ants, and  upwards,  the  mayor,  or  other  corporate  authorities  of 
said  town  or  city,  shall  be  empowered  and  is  hereby  authorized  to 
close  and  prohibit  all  public  buildings,  hereafter  erected,  from  being 
used  in  violation  of  this  Act. 

491.  Power  to  construct  drains.]  (Chapter  24,  Sec.  334.)  §  1. 
That  the  corporate  authorities  of  cities  and  villages  are  hereby  vested 
with  power  to  construct  drains,  ditches,  levees  and  dykes,  to  erect 
pumping  works,  and  acquire  the  necessary  land  and  machinery  for 
such  purposes,  and  otherwise  to  provide  for  draining  any  portion  of 
the  lands  within  their  corporate  limits,  by  special  assessment  upon 
the  property  benefited  thereby. 

492.  Drainage  by  Special  Assessment.]  §  2.  That  the  cor- 
porate authorities  of  cities  and  villages  are  hereby  vested  with  the 
power  to  lay  out,  establish,  construct,  maintain  and  keep  in  repair, 
such  drains,  ditches,  levees,  dykes,  pumping  works  and  machinery, 


164  ABSTRACT  OF  STATUTES 

and  such  drainage  improvements  by  special  assessment  on  the  prop- 
ert\'  benefited  thereby,  or  by  general  taxation,  or  both:  Provided, 
that  no  lot,  block,  tract  or  parcel  of  land  shall  be  assessed  more  than 
once  on  any  one  year  for  maintenance  and  repair. 

493.  Authorities  have   power  to   pass   Ordinances.]     §  3.     The 

cori)oratc  authorities  of  any  city  or  village  shall  have  ])Ower,  of  their 
own  motion,  to  pass  ordinances  providing  for  the  making  of  said  im- 
provements in  this  Act  mentioned,  and  for  the  nature,  character  and 
locality  and  description  thereof,  and  upon  the  passage  of  such  ordi- 
nance therefor,  all  proceedings  thereafter  to  be  had  for  the  making  of 
said  improvements,  and  for  the  maintenance  and  repair  thereof,  and 
for  the  levy  and  collection  of  special  assessments  to  defray  the  cost 
thereof,  shall  be  in  accordance  with  the  provisions  of  an  act  entitled 
"An  Act  concerning  local  improvements,"  approved  June  14,  1897, 
in  force  July  1,  1897,  and  the  amendments  thereto. 

494.  Power  to  obtain  outlet — eminent  domain.]  §  4.  That 
whenever,  in  the  judgment  of  the  corporate  authorities  of  said  city  or 
village,  it  shall  be  necessary  or  advantageous  for  the  proper  construc- 
tion of  said  improvements  to  enlarge,  construct  or  improve  any  natural 
or  artificial  drain  without  and  below  the  corporate  limits  of  said 
corporation  to  obtain  a  proper  outlet,  the  said  corporate  authorities 
shall  have  the  right  to  acquire  the  right  of  way  therefor  under  the 
provisions  of  the  statutes  relating  to  the  exercise  of  the  right  of 
eminent  domain,  and  upon  the  establishment  of  the  said  improve- 
ment by  the  confirmation  of  the  assessment  therefor,  the  said  cor- 
porate authorities  shall  have  the  right  to  contract  with  all  persons  or 
corporations  owning  or  interested  in  property  or  drains,  without  the 
corporate  limits  of  said  cit}^  or  village,  who  will  be  benefited  by  the 
construction  of  said  improvement,  for  the  pa\Tnent  to  the  said  city 
or  village,  of  such  an  amount  as  the  said  improvement  will  benefit 
such  person  or  corporation  or  the  property  thereof,  and  in  case  of  a 
failure  to  agree  on  the  amount  to  be  paid  for  such  benefits,  the  said 
corporate  authorities  of  such  city  or  village  shall  have  the  right  to 
sue  for  and  recover  the  same  in  an  action  of  debt  in  any  court  of  com- 
petent jurisdiction  in  this  State,  and  service  of  process  therein  may  be 
had  as  in  cases  in  chancery.  The  amounts  recovered  or  realized  by 
such  agreement  or  proceedings  shall  be  paid  over  and  become  a  part 
of  the  moneys  raised  to  pay  for  such  improvement,  and  may  be  re- 
bated or  refunded  in  accordance  with  the  provisions  of  section  59  of 
said  Act  concerning  local  improvements,  and  the  amendments  there- 
to. 

SEWERAGE. 

495.  May  contract  for  sewerage,  etc.]  §  1.  That  whenever 
any  city  or  incorporated  town  or  village  shall  be  adjacent  or  con- 
tiguous to  any  other  city  or  incorporated  town  or  village,  they  shall 


ABSTRACT  OF  STATUTES  165 


be  authorized  to  contract  with  each  other  upon  such  terms  as  may 
be  agreed  upon  between  them,  to  allow  and  permit  the  one  the  use 
and  benefit  of  any  sewer  or  drain,  or  of  any  system  of  sewerage  or 
drainage,  heretofore  constructed,  or  which  may  hereafter  be  con- 
structed by  the  other,  and  further,  that  any  such  sewer  or  drain  or 
system  of  sewerage  or  drainage  constructed  or  which  may  hereafter 
be  constructed  by  the  one,  may  be  extended  or  furnished  to  the 
inhabitants  of  the  other,  and  they  may,  by  contract  with  each  other, 
provide  for  the  joint  construction  of  any  sewer  or  drain  by  the 
municipalities  so  contracting,  and  for  the  common  use  thereof  by 
the  inhabitants  of  such  municipalities. 

496.  How  contract  made.]  §  2.  The  contract  contemplated 
in  section  1  of  this  Act  may  be  made  by  ordinance  or  resolution,  duly 
enacted  or  passed  by  the  common  council,  board  of  trustees,  or  other 
proper  legislative  authority  of  the  city  or  incorporated  town  or 
village  proposing  such  contract,  and  ratified  or  assented  to  by  ordi- 
nance or  resolution  duly  enacted  or  passed  by  the  common  council, 
board  of  trustees  or  other  proper  legislative  authority  of  the  city  or 
incorporated  town  or  village  confirming  or  agreeing  to  such  contract, 
and  every  such  contract,  when  ratified  or  confirmed  by  the  proper 
corporate  authorities  of  the  municipal  corporations  who  are  parties 
thereto,  shall  be  in  all  respects  valid  and  binding. 

SIDEWALKS. 

497.  Sidewalks  by  special  taxation.]  (Chapter  24,  Sec.  291.) 
§  1.  That  in  addition  to  the  mode  now  authorized  by  law,  any  city 
or  incorporated  town  or  village  may,  by  ordinance,  provide  for  the 
construction  of  sidewalks  therein,  on,  along  or  upon  any  street  or 
streets  or  part  of  street  therein,  and  may,  by  such  ordinance,  provide 
for  the  payment  of  the  whole  or  any  part  of  the  cost  thereof  by  special 
assessment  of  the  lot,  lots  or  parcels  of  land  touching  upon  the  line 
where  any  such  sidewalk  or  sidewalks,  shall  be  ordered,  and  such 
special  taxation  may  be  either  by  levying  the  whole  or  any  part  of 
the  cost  thereof,  upon  each  of  the  lots  or  parcels  of  land  touching  upon 
the  line  of  such  sidewalk,  pro  rata  upon  each  of  said  lots  or  parcels, 
according  to  their  respective  values — the  values  to  be  determined 
by  the  last  preceding  assessment  thereof  for  the  purpose  of  State 
and  county  taxation;  or  the  whole  or  any  part  of  the  cost  thereof 
may  be  levied  upon  such  lots  or  parcels  of  land  in  proportion  to 
their  frontage  upon  such  sidewalk  or  sidewalks,  or  in  proportion  to 
their  superficial  area,  as  may  be  provided  by  ordinance  ordering  the 
laying  down  of  such  sidewalk;  and  in  case  such  ordinance  shall  only 
require  the  payment  of  a  part  of  the  cost  of  such  sidewalk  to  be  paid 
by  a  special  tax  as  aforesaid,  then  the  residue  of  such  cost  shall  be 
paid  out  of  any  fund  of  such  city,  town  or  village,  raised  by  general 
taxation  upon  the  property  thereof,  and  not  otherwise  appropriated. 


166  ABSTRACT  OF  STATUTES 

And  any  such  city,  town  or  village  may,  by  one  and  the  same  ordi- 
nance, provide  for  the  construction  of  sidewalks  hereunder  on  two  or 
more  streets,  or  parts  of  streets,  or  on  one  or  both  sides  of  any  street  or 
streets :  Provided,  that  such  sidewalks  are  so  connected,  or  otherwise 
related,  as  to  constitute,  but  a  single  system  of  improvement. 

498.  What  ordinance  may  provide.]  §  2.  Said  ordinance  shall 
define  the  location  of  such  proposed  sidewalks  with  reasonable  cer- 
tainty, shall  prescribe  its  width,  the  materials  of  which  it  shall  be 
constructed,  and  the  manner  of  its  construction,  and 'may  provide 
that  the  materials  and  construction  shall  be  under  the  supervision 
of  and  subject  to  the  approval  of  some  officer  or  board  of  officers  of 
such  city,  town  or  village  to  be  designated  in  said  ordinance.  Said 
ordinance  may  require  all  owners  of  lot  or  parcels  of  land  touching 
the  line  of  said  proposed  sidewalk  to  construct  a  sidewalk  in  front  of 
their  respective  lots  or  parcels  of  land  in  accordance  with  the  speci- 
fications of  said  ordinance,  within  thirty  days  after  the  mailing  of 
notice  of  the  passage  of  such  ordinance,  addressed  to  the  party  who 
paid  the  last  general  taxes  on  the  respective  lots  or  parcels;  and  in 
default  thereof,  said  city,  village  or  town  may  ftu-nish  the  materials 
and  construct  said  sidewalk  in  accordance  with  said  ordinance,  or 
may  enter  into  a  contract  for  the  furnishing  of  the  materials  and  the 
construction  of  said  sidewalk  as  hereinafter  provided,  and  the  cost 
of  such  part  thereof,  as  may  be  fixed  in  said  ordinance,  may  be 
collected  as  hereinafter  provided;  and  it  shall  be  lawful  for  such  city, 
town  or  village  to  issue  non-interest-bearing  vouchers  in  payment 
for  such  walks,  payable  solely  out  of  the  special  tax  herein  provided 
for  when  the  same  is  collected. 

499.  r.pecial  tax  list.]  §  3.  Such  ordinance  may  provide  that 
a  bill  of  the  cost  of  such  sidewalk,  showing  the  cost  of  the  construc- 
tion and  super\asion  thereof,  shall  be  made  by  the  officer  or  board 
designated  by  said  ordinance  to  take  charge  of  the  construction  of 
said  sidewalk,  together  with  a  list  of  the  lots  or  parcels  of  land 
touching  upon  the  line  of  said  sidewalks,  the  names  of  the  parties 
who  paid  the  last  general  taxes  on  the  respective  lots  or  parcels,  and 
the  frontage,  superficial  area  or  assessed  value  as  aforesaid  accord- 
ing as  such  ordinance  may  provide  for  the  levy  of  said  costs  by  the 
frontage,  superficial  area  or  assessed  value;  and  thereupon,  if  the 
owner  of  any  lot,  block,  tract  or  parcel  of  land  has  failed,  neglected 
or  refused  to  construct  said  sidewalk  in  accordance  with  the  provisions 
of  said  ordinance,  said  officer  or  board  shall  proceed  to  prepare  a 
special  tax  list  against  said  lots,  blocks,  tracts  or  parcels  of  land  in 
front  of,  or  touching  upon  which  said  sidewalk  has  not  been  con- 
structed, ascertaining,  by  computation,  the  amount  of  special  taxes 
to  be  charged  against  each  of  said  lots,  blocks,  tracts  or  parcels  of 
land  on  account  of  the  construction  of  said  sidewalks,  according  to 
the  rule  fixed  for  the  levy  of  such  special  tax  by  said  ordinance,  which 


ABSTRACT  OF  STATUTES  167 

special  tax  list  shall  be  filed  in  the  office  of  said  officer  or  board,  and 
said  officer  or  board  shall  thereupon  have  warrants  issued  to  the  city, 
village  or  town  collector,  or  to  such  officer  as  may  be  designated  in 
such  ordinance,  for  the  collection  of  the  amount  of  special  tax  so 
ascertained  and  appearing  from  said  special  tax  list  to  be  due  from 
the  respective  lots,  blocks,  tracts  or  parcels  of  land  touching  upon 
the  line  of  said  sidewalks;  and  such  officer  shall  proceed  to  collect 
such  warrants  by  giving  notice  in  writing  by  mailing  the  same  to  the 
address  of  the  party  who  paid  the  last  general  taxes  on  the  respec- 
tive lots,  blocks,  tracts  or  parcels  of  land  in  said  list,  that  said  tax 
list  is  in  the  hands  of  said  officer  for  collection,  and  all  moneys  so 
collected  by  said  officer  shall  by  him  be  immediately  paid  over  to 
the  treasurer  of  said  city,  town  or  village. 

500.  Special  tax — duty  of  clerk — report.]  §  4.  Upon  failure 
to  collect  such  special  tax  as  heretofore  provided  in  this  Act,  it  shall 
be  the  duty  of  said  officer,  on  or  before  the  first  day  of  April  in  each 
year,  to  make  report  of  all  such  special  tax,  in  writing,  to  such  general 
officer  of  the  county  as  may  be  authorized  by  law  to  apply  for  judg- 
ment against,  and  sell  lands  for  taxes  due  county  or  State,  of  allthe 
lots  or  parcels  of  land  upon  which  such  special  tax  shall  be  so  unpaid, 
with  the  names  of  the  respective  owners  thereof,  so  far  as  the  same 
are  known  to  said  officer,  and  the  amount  due  and  unpaid  upon  each 
tract,  together  with  a  copy  of  the  ordinance  ordering  the  construction 
of  said  sidewalk,  which  report  shall  be  accompanied  by  the  oath  of 
the  officer  that  the  list  is  a  correct  return  of  the  lots  and  parcels  of 
land  on  which  the  special  tax  levied  by  authority  of  said  city,  town 
or  village,  for  the  cost  or  partial  cost  (as  the  case  may  be)  of  the  side- 
walk in  said  ordinance  specified,  remains  due  and  unpaid,  and  that 
the  amounts  therein  stated  as  due  and  unpaid  have  not  been  collected, 
nor  any  part  thereof.  Said  reports,  when  so  made,  shall  be  prima 
facie  evidence  that  all  the  forms  and  requirements  of  the  law  in  re- 
ation  to  making  such  return  have  been  complied  with,  and  that 
the  special  tax,  as  mentioned  in  said  report  is  due  and  unpaid. 

501.  General  officer  to  obtain  judgment — by  what  laws  governed,] 

§  5.  When  said  general  officer  shall  receive  the  aforesaid  report,  he 
shall  at  once  proceed  to  obtain  judgment  against  said  lots  or  parcels 
of  land  for  said  special  tax  remaining  due  and  unpaid,  in  the  same 
manner  as  may  be  provided  by  law  for  obtaining  judgment  against 
lands  for  taxes  due  and  unpaid  to  the  county  and  State,  and  shall  in 
the  same  manner,  proceed  to  sell  the  same  for  the  said  special  tax  due  and 
unpaid.  In  obtaining  said  judgment  and  making  said  sale,  the  said 
officer  shall  be  governed  by  the  general  revenue  laws  of  the  State, 
except  when  otherwise  provided  herein,  and  said  general  laws  shall 
also  be  applicable  to  the  execution  of  certificates  of  sale,  and  deeds 
thereon,  and  the  force  and  effect  of  such  sales  and  deeds;  and  all  other 
laws   in  relation  to  the  enforcement  and  collection  of  taxes,  and  re- 


168     ^  ABSTRACT  OF  STATUTES   

demption  from  tax  sales,  shall  be  applicable  to  proceedings  to  collect 
such  special  tax,  except  as  herein  otherwise  provided. 

502.  When    constructed    by    owner    may    obtain    order.]     §  6. 

Whenever  payment  of  the  costs  of  any  such  sidewalk  is  required  to 
be  made  in  part  by  special  tax,  and  in  part  out  of  any  general  fund 
of  such  city,  town  or  village,  and  the  owner  of  any  such  lot  or  parcel 
of  land  shall  construct  such  sidewalk  in  accordance  with  the  ordi- 
nance providing  for  its  construction,  such  owner  shall  file  with  the 
clerk  of  such  city,  town  or  village,  an  itemized  statement  of  the  cost 
of  such  sidewalk  so  constructed,  by  him  verified  by  affidavit,  together 
with  a  certificate  of  the  officer  or  board  directed  by  such  ordinance 
to  superintend  the  construction  thereof,  that  such  sidewalk  has  been 
constructed  and  fully  completed  by  such  owner  in  accordance  with 
such  ordinance,  and  the  council  of  such  city,  town  or  village  shall 
thereupon,  at  its  first  meeting  thereafter,  allow  and  order  to  be  issued 
to  such  owner,  -an  order  on  the  treasurer  of  such  city,  town  or  village, 
for  the  cost  of  the  construction  of  such  sidewalk,  less  the  amount  of 
special  tax  chargeable  to  the  lot  or  parcel  of  land  of  such  owner  on 
the  line  of  which  such  sidewalk  has  been  so  constructed. 

503.  Manner  of  letting  contract.]  §  7.  All  contracts  for  the 
construction  of  sidewalks  as  hereinbefore  provided,  when  the  expense 
shall  exceed  $500,  shall  be  let  to  the  lowest  responsible  bidder  in  the 
following  manner:  Notice  shall  be  given  by  said  officer  or  board 
designated  in  said  ordinance  to  take  charge  of  the  construction  and 
supervision  of  said  sidewalk,  by  advertisement  in  some  newspaper  of 
general  circulation  in  said  city,  town  or  village,  that  bids  will  be  re- 
ceived for  the  construction  of  such  sidewalk  in  accordance  with  the 
ordinance,  therefor.  Such  notice  shall  state  the  time  of  opening  said 
bids,  not  more  than  ten,  nor  less  than  five  days  thereafter.  If  no 
newspaper  be  pubHshed  in  said  city,  village  or  town,  then  four  such 
notices  shall  be  posted  in  the  vicinity  of  the  proposed  sidewalk. 
All  proposals  or  bids  offered,  shall  be  accompanied  by  cash  or  check 
payable  to  the  order  of  the  officer  or  board  having  charge  of  the  im- 
provement, and  certified  by  a  responsible  bank,  for  an  amount  which 
shall  not  be  less  than  ten  per  centum  of  the  aggregate  of  the  pro- 
posal. All  contracts  shall  be  approved  by  the  officer  or  the  president 
or  presiding  officer  of  the  board  having  the  supervision  of  the  con- 
struction of  said  sidewalk. 

504.  When  tax  is  set  aside.]  §  8.  If  any  special  tax  for  the 
construction  of  a  sidewalk  shall  have  been  made  prior  to  the  taking 
effect  of  this  amendment,  or  shall  hereafter  be  annulled  by  the  city 
council  or  board  of  trustees,  or  set  aside  by  any  court,  anew  ordinance 
may  be  passed  and  a  new  tax  may  be  made  and  returned  and  the 
proceedings  therefor  shall  be  the  same  as  in  the  first  instance,  and  all 
parties  in  interest  shall  have  Hke  rights  and  like  powers  in  relation 
to  any  subsequent  tax  as  are    hereby  given    in  relation  to  the  first 


ABSTRACT  OF  STATUTES  169 


tax.  No  special  tax  shall  be  held  void  because  levied  for  work  already- 
done  under  a  prior  ordinance,  if  it  shall  appear  that  such  work  was 
done  in  good  faith,  by  the  city,  village  or  town,  or  under  contract 
duly  let  and  executed,  pursuant  to  an  ordinance  providing  that  such 
sidewalk  should  be  paid  for  by  special  tax. 

TAXES. 

505.  Ordinance  of  levying  tax — limitation.]  (Chapter  24,  Sec. 
111.)  §  1 .  The  city  council  in  cities  and  boards  of  trustees  in  villages 
may  levy  and  collect  taxes  for  corporate  purposes  in  the  manner  fol- 
lowing: The  city  council  or  boards  of  trustees,  as  the  case  may  be, 
shall  annually,  on  or  before  the  third  (3d)  Tuesday  in  September  in 
each  year,  ascertain  the  total  amount  of  appropriations  for  all  corpor- 
ate purposes  legally  made  and  to  be  collected  from  the  tax  levy  of  that 
fiscal  year;  and,  by  an  ordinance  specifying  in  detail  the  purposes 
for  which  such  appropriations  are  made  and  the  sum  or  amount 
appropriated  for  each  purpose  respectively,  levy  the  amount  so 
ascertained  upon  all  the  property  subject  to  taxation  within  the 
city  or  village  as  the  same  is  assessed  and  equalized  for  State  and 
county  purposes  for  the  current  year.  A  certified  copy  of  such  ordi- 
nance shall  be  filed  with  the  county  clerk  of  the  proper  county, 
whose  duty  it  .shall  be  to  ascertain  the  rate  per  cent,  which,  upon 
the  total  valuation  of  all  property  subject  to  taxation  within  the  city 
or  village  as  the  same  is  assessed  and  equalized  for  State  and  county 
purposes,  will  produce  a  net  amount  of  not  less  than  the  amount 
so  directed  to  be  levied,  and  it  shall  be  the  duty  of  the  county  clerk 
to  extend  such  tax  in  a  separate  column  upon  the  book  or  books 
of  the  collector  or  collectors  of  State  and  county  taxes  within  such 
city  or  village.  And  where  the  corporate  limits  of  any  city  or 
village  shall  lie  partly  in  two  or  more  counties,  the  city  council  or 
board  of  trustees  shall  ascertain  the  total  amount  of  all  taxable 
property  lying  within  the  corporate  limits  of  said  city  or  village 
in  each  county  as  the  same  is  assessed  and  equalized  for  State  and 
county  purposes  for  the  current  year,  and  certify  the  amount  of 
taxable  property  in  each  county  within  said  city  or  village,  under 
the  seal  of  said  city  or  village,  to  the  county  clerk  of  the  county 
where  the  seat  of  government  of  such  city  or  village  is  situated, 
whose  duty  it  shall  be  to  ascertain  the  rate  per  cent,  which,  upon 
the  total  valuation  of  all  property  subject  to  taxation  within  the 
city  or  village,  ascertained  as  aforesaid,  will  produce  a  net  amount 
not  less  than  the  amount  so  directed  to  be  levied;  and  said  clerk 
shall,  as  soon  as  said  rate  per  cent,  of  taxation  is  ascertained,  certi- 
fy under  his  hand  and  seal  of  ofhce  to  the  county  clerk  of  any  other 
county  wherein  a  portion  of  said  city  or  village  is  situate,  such  rate 
per  cent.,  and  it  shall  be  the  duty  of  such  county  clerk  to  whom 
such  rate  per  cent,  is  certified  to  extend  such  tax  in  a  separate  col- 
umn upon  the  book  or  books  of  the  collector  or  collectors  of  the 


170  ABSTRACT  OF  STATUTES 


State  and  county  taxes  for  such  county  against  all  property  in  his 
county  within  the  limits  of  said  city  or  village:  Provided,  the  aggre- 
gate amount  of  taxes  levied  for  any  one  year,  exclusive  of  the  amount 
levied  for  the  payment  of  bonded  indebtedness  or  interest  thereon, 
shall  not  exceed  the  rate  of  one  and  two  tenths  (1.2)  per  centum  upon 
the  aggregate  valuation  of  all  property  within  such  city  or  village 
subject  to  taxation  therein,  as  the  same  was  equalized  for  vState  and 
county  taxes  for  the  current  year. 

And,  provided,  further,  that  nothing  herein  contained  shall  be 
held  to  repeal  or  modify  the  limitations  contained  in  section  49  of 
an  act  entitled,  "An  Act  for  the  assessment  of  property  and  pro\'id- 
ing  the  means  therefor,  and  to  repeal  a  certain  act  therein  named, 
approved  February  25,  1898." 

506.  Manner  of  collecting.]  §  2.  The  tax  so  assessed  shall  be 
collected  and  enforced  in  the  same  manner  and  by  the  same  officers 
as  State  and  county  taxes,  and  shall  be  paid  over  by  the  officers 
collecting  the  same  to  the  treasurer  of  the  city  or  village. 

507.  Time  of  paying  over.]  §  3.  It  shall  be  the  duty  of  the 
officer  collecting  such  tax  to  settle  with  and  pay  over  to  such  treasiirer, 
as  often  as  once  in  two  weeks  from  the  time  he  shall  commence  the 
collection  thereof,  all  such  taxes  as  he  shall  then  have  collected,  till 
the  whole  tax  collected  shall  be  paid  over. 

508.  When  tax  levied  for  particular  purpose.]  §  4.  Whenever 
any  city  or  village  is  required  to  levy  a  tax  for  the  payment  of  any 
particular  debt,  appropriation  or  liability  of  the  same,  the  tax  for 
such  purpose  shall  be  included  in  the  total  amount  assessed  by  the 
city  council  or  board  of  trustees,  and  certified  to  the  county  clerk  as 
aforesaid;  but  the  city  council  or  board  of  trustees  shall  determine, 
in  the  ordinance  making  such  assessment,  what  proportion  of  such 
total  amount  shall  be  applicable  to  the  payment  of  such  particular 
debt,  appropriation  or  liability;  and  the  city  or  village  treasurer  shall 
set  apart  such  proportion  of  the  tax  collected  and  paid  to  him  for 
the  payment  of  such  particular  debt,  appropriation  or  liability,  and 
shall  not  disburse  the  same  for  any  other  purpose  until  such  debt, 
appropriation  or  liability  shall  have  been  discharged. 

509.  Uniformity.]  §  5.  All  taxes  levied  or  assessed  by  any 
city  or  village,  except  special  assessments  for  local  improvements, 
shall  be  uniform  upon  all  taxable  property  and  persons  within  the 
limits  of  the  city,  and  no  property  shall  be  exempt  therefrom  other 
than  such  property  as  may  be  exempt  from  taxation  under  the  con- 
stitution and  general  laws  of  the  State. 

510.  One-half  road  taxes  belong  to  city.]  (Chapter  121).  §  16. 
The  commissioners  at  said  semi-annual  meeting,  shall  make  a  certifi- 
<;ate  of  the  rate  per  centum  finally  agreed  upon,  by  virtue  of  sections 
thirteen  and  fourteen  of  this  Act  (Road  and  Bridge) ,  also  the  amount 


ABSTRACT  OF  STATUTES  171 

to  liquidate  road  and  ditch  damages,  and  shall  cause  such  certifi- 
cate to  be  delivered  to  the  town  clerk,  to  be  kept  by  him  on  file  for 
the  inspection  of  the  inhabitants  of  said  town,  and  the  town  clerk 
shall  at  once  certify  these  two  items  of  levy  to  the  county  clerk 
to  be  by  him  extended  as  one  tax  upon  the  collector's  book  of  said 
town,  to  be  collected  as  other  taxes,  and  when  collected  shall  be 
paid  to  the  treasurer  of  the  commissioners  by  the  collector  as  fast 
as  the  same  is  collected,  except  such  rate  per  cent,  as  shall  be  allowed 
for  collecting  the  same :  Provided  that  one-half  of  the  tax  required 
to  be  levied  in  sections  thirteen  and  fourteen  and  collected  for 
road  and  bridge  piu-poses,  on  the  property  lying  within  an  incor- 
porated village,  town  or  city  in  which  the  streets  and  alleys  are 
under  the  care  of  the  corporation,  shall  be  paid  over  to  the  treasurer 
of  such  village,  town  or  city,  to  be  appropriated  to  the  improve- 
ment of  roads,  streets  and  bridges  either  within  or  without  said 
village,  town  or  city,  and  within  the  township  under  the  direction  of 
the  corporate  authorities  of  such  village,  town  or  city:  And  pro- 
vided, further,  that  when  any  of  said  tax  is  expended  beyond  the 
limits  of  said  village,  town  or  city,  it  shall  be  with  the  consent  of  the 
road  commissioners  of  the  town:  Provided,  further,  that  in  all  cities 
•of  twenty  thousand  (20,000)  inhabitants  or  upwards,  all  of  said 
tax  required  to  be  levied  and  collected  under  said  sections  thirteen 
and  fourteen  within  the  limits  of  such  city  shall  be  paid  over  to  the 
treasurer  of  such  city  for  city  pru-poses. 

511.  Tax-pay  ermay  enforce  rights  in  name  of  city,  etc.]  (Chap- 
ter 24,  Sec.  172.)  §  4.  A  suit  may  be  brought  by  any  tax-payer,  in 
the  name  and  for  the  benefit  of  the  city  or  village,  against  any  person 
or  corporation,  to  recover  any  money  or  property  belonging  to  the 
city  or  village,  or  for  any  money  which  may  have  been  paid,  expended, 
or  released  without  authority  of  law :  Provided,  that  such  tax-payer 
shall  file  a  bond  for  all  costs,  and  be  liable  for  all  costs  in  case  the 
city  or  village  be  cast  in  the  suit,  and  judgment  shall  be  rendered 
accordingly. 

512.  Maps — approval  of.]  §  5.  The  city  council  or  board  of 
trustees  shall  have  power  to  provide,  by  ordinance,  that  any  map, 
plat,  or  subdivision  of  any  block,  lot,  sub-lot,  or  part  thereof,  or 
any  piece  or  parcel  of  land,  shall  be  subinitted  to  the  city  council 
•or  board  of  trustees,  or  to  some  officer  to  be  designated  by  such 
■council  or  board  of  trustees,  for  their  or  his  approval;  and  in  such 
cases  no  such  map,  plat  or  subdivision  shall  be  entitled  to  record  in 
the  proper  county,  or  have  any  validity  until  it  shall  have  been  so 
approved. 

513.  Inhabitants  competent  as  jurors,  etc.]  §  6.  No  person 
shall  be  an  incompetent  judge,  justice  or  juror,  by  reason  of  his 
being  an  inhabitant  or  freeholder  in  said  city  or  village,  in  any  action 
or  proceeding  in  which  said  city  or  village  may  be  a  party  in  interest. 


172 ABSTRACT  OF  STATUTES 

514.  Population — census.]  §  7.  Whenever  in  this  Act  any 
provision  thereof  is  based  upon  the  number  of  inhabitants  [the 
number  of  inhabitants]  of  the  city  or  village  shall  be  determined  by 
reference  to  the  latest  census  taken  by  authority  of  the  United  States 
or  this  State,  or  of  such  city  or  village;  and  it  shall  be  the  duty  of 
the  secretary  of  state,  upon  the  publication  of  any  State  or  United 
States  census,  to  certify  to  each  city  or  village  the  nimiber  of  inhabit- 
ants as  shown  by  such  census.  Any  city  or  village  may,  by  ordi- 
nance, provide  for  the  taking  of  a  census  of  the  population  thereof, 
in  order  to  determine  the  number  of  such  population  for  any  and 
all  purposes  of  this  Act.  And  the  several  courts  in  this  State  shall 
take  judicial  notice  of  the  population  of  any  city  or  village,  as  the 
same  may  appear  from  the  latest  federal,  state,  city  or  village  census 
so  taken. 

515.  Municipal  year.]  §  8.  The  tenii  "municipal  year"  shall 
be  construed  to  mean  the  period  elapsing  between  the  regular  annual 
elections  unless  otherwise  provided  by  ordinance. 

516.  City  or  village  need  not  give  appeal  bond.]  §  9.  When  in 
any  suit  the  city  or  village  prays  an  appeal  from  the  judgment  of 
any  court  of  this  State  to  a  higher  court,  it  shall  not  be  required  to- 
furnish  an  appeal  bond. 

517.  Surplus  fund — proportion  of  tax.]  (Chapter  24,  Sec.  287.) 
§  1.  That  no  city,  town  or  village  within  any  county  in  this  State 
shall  be  entitled  to  or  shall  receive  from  the  county  treasury  of  such 
county  any  greater  proportion  of  surplus  of  all  taxes  which  may  be 
collected  for  county  purposes  than  any  other  city,  town  or  village 
within  the  county. 

518.  Drawback — amount    city,    etc.,"  may    receive.]     §  2.     Nor 

shall  any  such  city,  town  or  village  be  entitled  to  or  receive  from 
the  county  treasury  any  greater  drawback  of  its  proportion  of  the 
taxes  paid  into  the  county  treasury,  by  reason  of  any  appropria- 
tion by  the  county  board,  out  of  the  county  treasur}^  for  the  making- 
and  repairing  of  roads  and  highways,  the  building  and  repairing 
of  bridges  in  such  county,  without  any  such  city,  town  or  village 
within  such  county,  than  is  now  allowed  by  law  to  all  other  cities, 
towns  and  villages  within  the  same  county.  Any  acts  or  parts  of 
acts  conflicting  with  this  Act  are  hereby  repealed. 

519.  Rebate  of  taxes.]  (Chapter  24,  Sec.  277.)  §  1.  That 
whenever,  in  any  incorporated  city  or  town  in  this  State,  any  property 
listed  or  assessed  for  municipal  taxation  shall  have  been  or  shall  here- 
after be  destroyed  by  fire,  in  whole  or  in  part,  before  the  levy  of  the 
municipal  taxes  of  such  city  thereon,  or  before  the  municipal  taxes 
levied  thereon  shall  have  been  collected,  it  shall  and  may  be  lawful  for 
the  mayor  of  such  city  or  town — if  there  be  no  mayor,  then  the  presi- 
dent of  the  board  of  trustees,  the  city  com])troller,  if  there  should  be 


ABSTRACT  OF  STATUTES  173 

one;  and  if  not,  then  the  city  clerk  or  town  clerk,  and  the  tax  commis- 
sioner, if  there  should  be  one;  if  not,  then  the  chairman  of  the  finance 
committee  of  the  city  council  or  board  of  trustees — to  rebate  or 
remit  so  much  of  such  tax  or  taxes  so  levied  upon  such  property 
as  in  their  opinion  should  be  rebated  or  remitted  by  reason  of  such 
property  having  been,  in  whole  or  in  part,  destroyed  by  fire. 

520.  Reduce  or  release  tax  or  assessment.]  §  2.  That  when- 
ever, in  any  incorporated  city  or  town  in  this  State,  any  large  por- 
tion of  the  taxable  property  of  such  city  shall  have  been  or  shall 
liereafter  be  destroyed  by  fire,  so  as  to  seriously  impair  or  affect  the 
ability  of  the  property  owners  of  such  city  or  town  to  pay  taxes  or 
special  assessments  thereon,  and  an  appropriation  bill  has  been  made 
or  passed,  or  special  improvements  ordered  before  such  fire,  and  the 
tax  or  assessment  for  the  payment  or  raising  of  the  same  has  not 
been  levied  or  collected,  it  may  be  lawful  for  the  city  council  or  board 
of  trustees  of  any  such  town  to  alter,  revise,  change,  reduce  or  vacate, 
or  repeal  such  appropriation  bill,  or  any  part  of  the  same,  and  to 
order  the  discontinuance  of  said  special  improvements,  or  any  of 
the  same,  or  to  reduce  the  amount  of  taxes  or  special  assessments 
ordered  to  be  levied,  or  assessed  or  collected  for  any  general  or 
special  purpose,  and  to  pass  a  new  appropriation  bill;  which  new 
appropriation  bill  shall  have  the  same  force  and  effect  as  if  the  same 
had  been  passed  within  the  time  prescribed  by  the  charter  of  any 
such  city  or  such  corporate  town, 

521.  City  may  refund  illegal  taxes — limitation.]  (Chapter  24, 
Sec.  373.)  §  1 .  That  whenever,  in  any  of  the  cities  of  this  State,  any 
taxes  for  city  purposes  have  been  collected  and  paid  into  the  city 
treasury  without  authority  of  law,  and  the  city  council  of  such  cities 
have  caused  certificates  to  be  issued  to  the  persons  or  corporations 
who  have  paid  such  illegal  taxes,  certifying  that  such  taxes  were  ille- 
gally assessed  and  collected,  the  city  council  of  such  cities  are  hereby 
authorized  to  make  an  appropriation  as  soon  as  possible  after  this  Act 
shall  take  effect  for  the  purpose  of  refunding  such  illegal  taxes,  with 
six  per  cent,  interest  per  annum  from  the  date  of  such  certificates,  and 
warrants  shall  be  drawn  for  the  payment  of  such  sums  and  interest, 
out  of  the  fund  so  appropriated,  to  the  persons  or  corporations  who 
obtained  such  certificates,  or  their  assignees  or  legal  representatives, 
in  the  usual  manner  prescribed  by  the  charter  of  said  cities  or  by 
the  general  law:  Provided  such  certificates  are  presented  to  the 
comptroller  of  such  cities  for  exchange  for  warrants  within  two  years 
after  this  Act  shall  go  into  effect ;  and  the  treasurers  of  any  such  cities 
shall  pay  said  warrants  out  of  said  appropriations. 

522.  [Sewerage  fund  tax.]  (Chapter  24,  Sec.  280.)  §  1.  That  the 
legislative  authority  of  any  city  which  now  has,  or  may  hereafter 
have,  established  a  system  of  sewerage  for  such  city,  shall  have  power 


174  AHSTRACT  OF  STATUTES 

annually  to  levy  and  collect  a  tax  upon  the  taxable  real  and  personal 
estate  of  such  city,  not  to  exceed  one  mill  on  the  dollar,  for  the  exten- 
sion and  laying  of  sewers  therein,  and  the  maintenance  of  such  sewers, 
which  tax  shall  be  known  as  "the  sewerage  fund  tax,"  and  shall  b& 
levied  and  collected  in  the  same  manner  that  other  general  taxes  of 
any  such  city  are  levied  and  collected:  Provided,  however,  that  the 
board  of  pubhc  works  of  such  city,  if  any,  or  the  head  of  the  sewer  de- 
partment of  such  city,  shall  first  certify  to  such  legislative  authority 
the  amount  that  will  be  necessary  for  such  purpose:  Provided,  fur- 
ther, that  a  two-thirds  majority  of  all  the  inembers-elect  of  the  legis- 
lative authority  of  such  city  may  levy  a  tax  for  such  purposes,  not 
to  exceed  three  mills  on  each  dollar  of  the  taxable  property  of  such 
city:  And,  provided,  such  "sewerage  fund  tax"  shall  not  be  included, 
prior  to  the  year  1891,  in  the  aggregate  amount  of  taxes  as  limited 
by  section  one  (1)  of  article  eight  (8)  of  "An  Act  for  the  incorpora- 
tion of  cities  and  villages,"  approved  April    10,  1872. 

523.  Sewerage  fund  and  light  tax.]  §  2.  The  legislative  au- 
thority of  any  city  which  now  has,  or  which  may  hereafter  have, 
established  or  hired  water  works  for  the  supply  of  water  to  the 
inhabitants  thereof,  shall  have  the  power  to  annually  levy  and  col- 
lect a  tax  upon  the  taxable  real  and  personal  estate  of  any  such 
city,  whether  organized  under  a  special  charter  or  the  general  law, 
not  to  exceed  one  mill  on  the  dollar,  for  the  extension  of  water  mains 
or  pipes  therein,  and  the  maintenance  of  such  water  works,  or  to  the 
creation  of  a  sinking  fund  to  be  applied  to  the  establishment  of 
water  works,  which  fund  shall  be  known  as  the  "water  fund  tax," 
and  shall  be  levied  and  collected  in  the  same  manner  that  other 
general  taxes  of  any  such  city  are  levied  and  collected:  Provided, 
that  the  board  of  public  works  of  such  city,  if  any,  or  the  head  of 
the  water  department  of  such  city,  shall  first  certify  to  such  legis- 
lative authority  the  amount  that  will  be  necessary  for  such  purposes, 
and  shall  further  certify  that  the  revenue  or  income  from  such 
water  works  will  be  insufficient  therefor :  Provided,  further,  that 
two-thirds  majority  of  all  the  members-elect  of  the  legislative  au- 
thority of  such  city  may  levy  a  tax  for  such  purposes,  not  to  exceed 
three  mills  on  each  dollar  of  the  taxable  property  of  such  city:  And, 
provided,  further,  that  the  legislative  authority  of  each  of  the  cities, 
villages  and  incorporated  towns  in  this  State,  with  the  concurrence 
of  two-thirds  of  the  inembers  thereof,  shall  be  authorized  to  levy, 
and  collect  annually,  upon  the  taxable  property  within  its  limits, 
in  addition  to  all  other  taxes  now  authorized  by  law,  a  tax  of  not 
exceeding  three  mills  on  the  dollar  of  such  taxable  property,  to  be 
used  exclusively  for  the  purpose  of  lighting  streets,  and  a  further 
tax  of  not  exceeding  two  mills  on  the  dollar  of  such  taxable  property, 
to  be  used  exclusively  for  the  purpose  of  supplying  water  to  such 
city,   village  or    incorporated  town:     Provided,  also,   that  nothing 


ABSTRACT  OF  STATUTES  J 75 

in  this  Act  shall  be  so  construed  as  to  increase  the  amomnf  r.f 
gate  taxes  that  may  be  levied  in  any  one  yTar  bfanv  ckv  or  .  fP" 
as  provided  m  section  one  (1)  of  article  8  o'^^^an  ActZmld'InA^t 
XS^rtlSn.   ^'^  --^P-^-  of  cities  and  villTg^s'^aptvel 

WATER  WORKS  AND  SEWER  SYSTEM. 

fisn^^^Vw  ^  purchase  or  lease-proceedings.]     (Chaoter  24    q.. 

works  or  sewerage  svstem   nrhnlhL^  H  ^  ^^^^^  ^^^^  water 

Provided,  hoZevfr  that  before  s^;chT  ^'  °^^''  °'  °^^^^^  thereof; 
binding  upon  the  cit"g^^^^^^^^^^  shall    be 

or  board  of  trustees,  as  the  case  mav  be    shnH  city  council 

empowering  and  authorizing  such  Sc  nal  tv  oT''  ''''  ^'^^'^^^ 
such  water  or  sewer  svstem  nr  hnlh  T-^  \  I  ^^  ^^^^^  ^^  purchase 
as  practicable,  .^I^^S  ^uchta^nl  or'^^^Z^^^^T^^  T^ 

^n'S^ettTe7u'bt 

least  once  each  wceK  two  successi^^^^^^^^^^  ""^  P^^^^^^^^  ^^ 

lished  in  said  mumcipahty      If  no  S^  newspaper  pub- 

city  council  or  board  of  trustee.  f.T?  -A  ""  ^'''''''"^^^  ^o  saM 
twenty-one  days  after  said  ordTn?;^^  •  ''"'''S^';  P^^^^^ded,  within 
shall  be  lawful^L  saTd  dty  coS  o/L'^  T^lf'"^  ^^^^  Pasted,  it 
mate  the  leasing  or  purchaL  of  such  w.^  ™'^'''  ^°  "°^^^™- 

as  provided  in  !he  oTd'nance  afore^a^  T^  ^f^^'^''^^'  °^  ^oth, 
after  the  first  publicatiorof  sa  d  nrl^'  ^'^^'"^  twenty-one  days 

with  the  municipa^^  clerk  addres^^^^^^^^  ^^  ^^^^ 

trustees  signed  by  twenty  per  cent  of  It  ""'^y  ^^^^f  or  board  of  ' 
at  the  last  general  election  h el nf.  c^.'"'''?'^^^  ^^  ^o^^^s  voting 
village  askini  ^^^t  stSlZ^^^^ ^l.^^^^^^^^^  town  o? 

tr^d^tTsrfeUa-bU^^^^^^ 

election  in  mannef  provided  bv  L  t n    T^'^^P^'^^^  ^^  ^^"  ^  special 

if  it  appears  that  a  majority  of  the  vot-  "^^ ''''  '""'^  '^^'''^°^'  ^^'^ 
at  such  election  vote  hJ  favor  of  1p  J?  ^^ting  upon  such  question 
sewer  system  or  both  then  s«?H  n  ^  T  P^^^^asing  such  water  or 
such  leJsing  or  purchase  but  l^f  a  Z°'''  ^f  Monties  may  complete 
said  proposition  then  no  furthe  IZn'llul^rl  ^T  '''  ^^^^"^^^ 
cipality  for  a  period  of  not  less  th^^-V  ^l^^^e,n  by  such  muni- 
other  proposition  may  brsUmitteras  beC^^     "^^"  ^'^  ^^"^^  ^ 

any  water  works  or  sewerage  system,  or'lon:^^:^::^^^^^^ 


176  ABSTRACT  OF  STATUTES 


same  shall  be  pledged  to  secure  the  payment  of  any  bonds,  or  other 
written  evidences  of  indebtedness  by  mortgage  or  trust  deed,  then 
said  city  or  municipality  may  direct,  by  order  or  resolution,  the  clerk 
and  treasurer  thereof  to  enter  the  same  on  the  records  of  such  muni- 
cipalitv  as  an  indebtedness  against  said  water  works  or  sewerage 
svstcni  only,  and  shall  cause  all  the  revenues  derived  from  the  opera- 
tion of  said  systems,  and  all  rents  due  and  payable  said  former  owners 
for  use  of  waters  and  sewerage  purposes,  and  pledged  for  the  payment 
of  such  indebtedness,  to  be  set  apart  in  a  separate  fund  for  the  pay- 
ment of  such  indebtedness  as  it  becomes  due  and  payable:  Provided 
said  systems  can  be  operated  and  maintained  from  the  current  funds 
of  such  municipalitv  duly  appropriated  therefor:  Provided,  further, 
that  nothing  in  this  laW  contained  shall  be  construed  so  as  to  aftect 
the  lien  thereof  and  render  null  and  void  any  bond,  mortgage  or 
trust  deed  securing  any  indebtedness  upon  said  systems  or  a  franchise 
and  contract  under  which  they  were  operated,  executed  by  any  per- 
son, firm  or  corporation  as  owner  thereof  for  the  construction  and 
installation  of  any  water  or  sewer  system,  or  both,  prior  to  the  trans- 
fer of  the  same  to  any  municipalitv  as  aforesaid,  should  any  munici- 
paHtv  neglect  or  fail  to  pav  such  indebtedness  as  it  falls  or  becomes 
due  and  in  the  event  of  a  foreclosure  of  any  mortgage  or  trust  deed 
as  aforesaid  at  the  instance  of  bona  fide  holders  or  any  bonds  or  notes 
thereby  secured  and  unpaid,  the  said  mortgagee  or  trustee  for  said 
bond  holders  shall  be  reinvested  to  all  former  rights  existing  m  their 
behalf  by  virtue  of  any  franchise  and  contract  granted  such  munici- 
pality to  the  person,  firm  or  corporation  creating  such  indebtedness, 
and  which  has  been  pledged  as  aforesaid. 

526.  May  borrow  money— tax  levy— bonds.]  §  3.  vSuch  cities, 
\dllac^es  and  incorporated  towns  may  borrow  money  and  levy  and 
collect  a  general  tax  in  the  same  manner  as  other  municipal  taxes 
may  be  levied  and  collected  for  the  leasing  or  purchase  and  main- 
tenance of  such  water  works  and  sewerage  systems,  andfor  the  pay- 
ment of  anv  existing  indebtedness  thereon,  and  may  issue  bonds  ot 
said  municipalitv  to  procure  funds  to  purchase  any  such  system  or 
svstems  and  to  pay  oft"  existing  bonds  or  indebtedness  thereon  at  the 
time  of  said  purchase,  at  any  time  thereafter  that  the  financial  con- 
dition of  the  municipalitv  will  permit :  Proiided,  also,  an  appropria- 
tion having  been  made  therefor,  such  municipality  may  constitute 
and  make  any  bond  falling  due  during  the  current  year  and  secured 
by  a  trust  deed  on  such  system  or  systems  and  issued  to  procure  funds 
to  build  and  construct  the  same,  a  bond  of  said  city,  for  such  year  and 
lew  and  collect  a  tax  to  pav  the  same:  Provided  such  action  does 
not  increase  the  bonded  indebtedness  of  said  municipalities  m  excess 
of  the  constitutional  limit  of  such  year,  for  which  said  tax  is  to  be 
levied  and  collected. 


ABSTRACT  OF  STATUTES  177 

527.  Contracts  for  water  supply.]  §  4.  To  enable  cities,  incor- 
porated towns  or  villages  to  promote  and  procure  the  building,  con- 
struction and  installation  of  water  and  sewer  systems,  when  it  be- 
comes necessary  for  public  health  and  we'' fare  or  better  sanitary 
conditions  of  such  municipality,  such  city,  village  or  incorporated 
town  is  hereby  authorized  to  contract  with  any  person,  firm  or  cor- 
poration for  a  supply  of  water  for  public  uses  and  for  sewerage  for 
drainage  and  sanitary  purposes  of  such  municipality  for  a  period  not 
exceeding  thirty  years;  any  contract  made  and  entered  into  by  any 
municipahty  as  aforesaid  and  pledged  to  secure  the  bonds  issued  to 
build  and  construct  any  water  or  sewer  system  shall  at  all  times  and 
under  all  conditions  enure  to  the  benefit  of  the  holders  of  any  of  said 
bonds  and  for  the  payment  of  the  same. 

528.  Miscellaneous  provisions — borrow  money.]  (Chapter  24, 
Sec.  169.)  §  1.  The  city  council  or  board  of  trustees  shall  have  the 
power  to  provide  for  a  supply  of  water  by  the  boring  or  sinking  of 
artesian  wells,  or  by  the  construction  and  regulation  of  wells,  pumps, 
cisterns,  reservoirs  or  water  works,  and  to  borrow  money  therefor, 
and  to  authorize  any  person  or  private  corporation  to  construct  and 
maintain  the  same  at  such  rates  as  may  be  fixed  by  ordinance,  and 
for  a  period  not  exceeding  thirty  years ;  and  also  to  prevent  the  unneces- 
sary waste  of  water;  to  prevent  the  pollution  of  the  water  and  in- 
juries to  such  wells,  pumps,  cisterns,  reservoirs  or  water  works. 

529.  Acquiring  property  for  water  works — jurisdiction  over.] 
§  2.  For  the  purpose  of  establishing  or  supplying  water  works,  any 
city  or  village  may  go  beyond  its  territorial  limits,  and  may  take, 
hold  and  acquire  property  by  purchase  or  otherwise;  shall  have  power 
to  take  and  condemn  all  necessary  lands  or  property  therefor  in  the 
manner  provided  for  the  taking  or  inj  uring  private  property  for  pub- 
lic uses;  and  the  jurisdiction  of  the  city  or  village  to  prevent  or  punish 
any  pollution  or  injury  to  the  stream  or  source  of  water,  or  to  such 
water  works,  shall  extend  five  miles  beyond  its  corporate  limiits, 
or  so  far  as  such  water  works  may  extend. 

530.  Regulations — rates;  taxation,  etc.]  §3.  The.  city  council 
or  board  of  trustees  shall  have  power  to  make  all  needful  rules  and 
regulations  concerning  the  use  of  water  supplied  by  the  water  works 
of  said  city  or  village,  and  to  do  all  acts  and  make  such  rules  and 
regulations  for  the  construction,  completion,  management  or  control 
of  the  water  works,  and  for  the  levying  and  collecting  of  any  water 
taxes,  rates  or  assessments  as  the  said  city  council  or  board  of  trus- 
tees may  deem  necessary  and  expedient ;  and  such  water  taxes,  rents, 
rates  or  assessments  may  be  levied  or  assessed  upon  any  lot  or  parcel 
of  ground,  having  a  building  or  buildings  thereon,  which  shall  abut 
or  join  any  street,  avenue  or  allc}^  in  such  city  or  village  through 
which  the  distributing  pipes  of  such  water  works  (if  any)  of  said  city 
or  village  are  or  may  be  laid,  which  can  be  conveniently  supplied  with 


178  ABSTRACT  OF  STATUTES 


water  from  said  pijjcs:  Provided,  [whether]  the  water  shall  be  used 
on  such  lot  or  parcel  of  ground  or  not;  and  the  same,  when  so  levied 
and  assessed,  shall  become  a  continuing  lien  or  charge  upon  such 
lot  or  parcel  of  ground,  building  or  buildings  situated  thereon,  and 
such  lien  or  charge  may  be  collected  or  enforced  in  such  manner  as 
the  city  council  may,  by  ordinance,  prescribe.  And  the  corporate 
authorities  may  levy  a  general  tax  for  the  construction  and  main- 
tenance of  such  water  works,  and  a]3propriate  money  therefor. 

531.  Power    to     supply    water — letting    contract — emergency.] 

(^Chapter  24,  Sec.  254.)  §  1.  That  all  cities,  incorporated  towns  and 
villages  in  this  State  be  and  arc  hereby  authorized  and  shall  have 
power  to  provide  for  a  supply  of  water  for  the  purposes  of  fire  pro- 
tection, and  for  the  use  of  the  inhabitants  of  such  cities,  incorporated 
towns  or  \411ages  by  the  erection,  construction  and  maintaining  of  a 
system  of  water  works,  or  by  uniting  with  any  adjacent  city,  incor- 
porated town  or  village  in  the  erection,  construction  and  maintaining 
of  a  system  of  water  works  for  the  joint  use  of  such  cities,  incorporated 
towns  or  villages,  or  by  procuring  such  supply  of  water  from  any 
adjacent  city,  incorporated  town  or  village  already  having  water 
works:  Provided,  that  all  contracts  for  the  erection  or  construc- 
tion of  such  works,  or  any  part  thereof,  shall  be  let  to  the  lowest 
responsible  bidder  therefor,  upon  not  less  than  three  (3)  weeks'  public 
notice  of  the  terms  and  conditions  upon  which  the  contract  is  to  be 
let  having  been  given  by  publication  in  a  newspaper  published  in  such 
city,  town  or  village,  or  if  no  newspaper  is  published  therein,  then 
in  sorr.e  newspaper  published  in  the  county:  And,  provided,  further, 
that  no  mxCmber  of  the  city  council  or  board  of  trustees  or  mayor 
shall  be  directly  or  indirectly  interested  in  any  such  contract,  and 
in  all  cases  the  council  or  board  of  trustees,  as  the  case  may  be, 
shall  have  the  right  to  reject  any  and  all  bids  that  may  not  be  satis- 
factory to  them. 

532.  Borrowed  money — tax.]  §  2.  Such  cities,  incorporated 
towns  and  villages  may  borrow  money  and  levy  and  collect  a  general 
tax,  in  the  samic  manner  as  other  municipal  taxes  may  be  levied  and 
collected,  for  the  erection,  construction  and  maintaining  of  such 
water  works,  and  appropriate  money  for  the  same. 

533.  May  acquire  property  for  works,  etc.]  §  3.  For  the  pur- 
pose of  erecting,  constructing,  locating,  maintaining  or  supplying 
such  water  works,  any  such  city,  incorporated  town  or  village  may 
go  beyond  its  territorial  limits,  and  may  take,  hold  and  acquire 
property  and  real  estate,  by  purchase  or  otherwise;  and  shall  also 
have  the  power  to  take,  hold  and  acquire  and  condemn  any  and  all 
necessary  property  and  real  estate  for  the  location,  erection,  con- 
struction and  tnaintaining  of  such  water  works,  in  the  manner  pro- 
\'ided  for  the  taking  and  condemning  of  private  property  for  public 


ABSTRACT  OP  STATUTES  179 

use;  and  may  also  acqmre  and  hold  real  estate  and  other  property 
and  rights  necessary  for  the  location,  erection,  construction  and 
maintenance  of  such  water  works,  by  purchase  or  otherwise;  and 
the  jurisdiction  of  such  city,  town  or  village  to  prevent  or  punish 
any  pollution  or  injury  to  the  stream  or  source  of  water  for  the 
supply  of  such  water  works  shall  extend  ten  miles  beyond  its  cor- 
porate limits. 

534.  Rules — tax — assessment — lien.]  §  4.  The  common  coun- 
cil of  such  cities,  or  trustees  of  such  towns  or  villages,  shall  have  power 
to  make  and  enforce  all  needful  rules  and  regulations  in  the  erection, 
construction  and  management  of  such  water  works,  and  for  the  use 
of  water  supplied  by  the  same.  And  such  cities,  towns  and  villages 
shall  have  the  right  and  power  to  tax,  assess  and  collect  from  the 
inhabitants  thereof  such  tax,  rent  or  rates  for  the  use  and  benefit 
of  water  used  or  supplied  to  them  by  such  water  works,  as  the  com- 
mon council  or  board  of  trustees,  as  the  case  may  be,  shall  deem  just 
and  expedient.  And  all  such  water  taxes,  rates  or  rents  shall  be  a 
lien  upon  the  premises  and  real  estate  upon  or  for  which  the  same  is 
used  or  supplied.  And  such  taxes,  rents  or  rates  shall  be  paid  and 
collected,  and  such  lien  enforced,  in  such  manner  as  the  common  coun- 
cil shall,  by  ordinance,  direct  and  provide. 

535.  Special  assessment.]  §  5.  The  expense  of  locating, 
erecting  and  constructing  reservoirs  and  hydrants  for  the  purpose 
of  fire  protection,  and  the  expense  of  constructing  and  laying  water 
main  pipes,  or  such  part  thereof  as  may  be  just  and  lawful,  may  be 
assessed  upon  and  collected  from  the  property  and  real  estate  speci- 
ally benefited  thereby,  if  any,  in  such  manner  as  may  be  provided  for 
the  making  of  special  assessments  for  other  public  improvements  in 
such  cities,  towns  or  villages. 

536.  Separate  fund.]  §  6.  All  the  income  received  by  such 
cities,  towns  or  villages,  from  such  water  works,  from  the  payment 
and  collection  of  water  taxes,  rents  or  rates,  shall  be  kept  in  a  separate 
fund,  and  shall  first  be  applied  in  the  payment  and  discharge  of  the 
costs,  interest  on  bonds  or  money  borrowed  and  used  in  the  erection 
and  construction  of  such  water  works  and  running  expenses  thereof. 
And  any  surplus  may  be  applied  in  such  manner  as  the  common 
council  or  board  of  trustees  may  direct. 

537.  When  act  not  to  apply.]  §  7.  The  provisions  of  this 
Act  shall  not  apply  to  cities,  towns  or  villages  in  which  water  works 
are  now  managed  or  controlled  by  a  board  of  public  works. 

538.  Power  to  contract  for  water.]  (Chapter  24,  Sec.  266.)  §  1. 
That  in  all  cities  incorporated  towns  and  villages,  where  water  works 
have  been,  or  may  hereafter  be  constructed  by  any  person  or  incor- 
porated company,  the  city,  town  or  village  authorities  in  such  cities, 
incorporated  towns  and  villages  may  contract  with  such  person  or 


180  ABSTRACT  OP  STATUTES 


incorporated  company  for  a  supply  of  water  for  public  use  for  a 
period  not  exceeding  thirty  years. 

539.  Tax.]  §  2.  Any  such  city  or  village  so  contracting,  may 
levy  and  collect  a  tax  on  all  taxable  property  within  such  city  or 
village,  to  pay  for  the  water  so  supplied. 

540.  City,  etc.,  may  lease  or  purchase  waterworks.]  (Chapter  24. 
Sec.  267a.)  §  1.  That  in  all  cities,  incorporated  towns  and  villages 
where  waterworks  are  now  constructed,  or  may  hereafter  be  con- 
structed by  any  person  or  incorporated  company,  the  city,  town  or 
village  authorities  in  such  cities,  towns  or  villages  may  piu-chase  or 
lease  such  water  works  from  the  owner  or  owners  of  the  same :  Pro- 
vided, however,  that  before  such  leasing  or  purchase  shall  be  binding 
upon  said  city,  incorporated  town  or  village,  the  city  council  or  the 
board  of  trustees  shall  pass  an  ordinance  including  the  terms  of  such 
lease  or  purchase,  which  ordinance  shall  be  published  in  a  newspaper 
published  in  said  city,  incorporated  town  or  village  at  least  once  in 
each  week  for  two  successive  weeks,  and  said  ordinance  shall  be 
posted  for  a  period  of  not  less  than  ten  days  in  at  least  five  public 
places  in  such  city,  incorporated  town  or  village. 

And  if  no  petition  shall  be  submitted  to  said  city  council  or  board 
of  trustees  as  hereinafter  provided,  within  twenty-one  days  after 
said  ordinance  is  so  published  and  posted,  it  shall  be  lawful  for  said 
city  council  or  board  of  trustees  to  consummate  the  leasing  or  pur- 
chase provided  for  in  the  ordinance  aforesaid.  But  if  within  said 
period  of  twentj^-one  days  there  shall  be  presented  to  said  city 
council  or  board  of  trustees,  a  petition  signed  by  twenty  per  cent, 
of  the  number  of  \'oters  voting  at  the  last  general  city,  town  or 
village  election  asking  that  the  question  of  such  leasing  or  purchase 
shall  be  submitted  to  a  vote,  it  shall  then  be  the  duty  of  the  city 
council  or  board  of  trustees  by  ordinance  to  call  a  special  election 
as  may  be  provided  by  law  to  vote  upon  the  question  of  said  lease 
or  purchase,  and  if  it  appear  that  a  majority  of  such  voters  voting 
upon  such  question,  at  such  election,  vote  in  favor  of  such  leasing 
or  purchase,  then  said  city  council  or  board  of  trustees  shall  pro- 
ceed to  complete  said  leasing  or  purchase;  but  if  a  majority  of  the 
votes  cast  are  against  such  leasing  or  purchase  then  said  city,  in- 
corporated town  or  village  shall  proceed  no  further  with  said  leasing 
or  purchase  for  the  period  of  six  months  next  ensuing. 

541.  May  borrow  money  and  levy  general  tax.]  §2.  Such  cities 
incorporated  towns  and  villages  ma}'  borrow  money,  and  levy  and 
collect  a  general  tax  in  the  saine  manner  as  other  municipal  taxes 
may  be  levied  and  collected  for  the  piu-chase  and  maintaining  or  the 
leasing  and  maintaining  of  such  waterworks,  and  appropriate  money 
for  the  same. 


ABSTRACT  OF  STATUTES  181 

542.  Source  of  supply  beyond  corporate  limits.]  (Chapter  24, 
Sec.  267c.)  §  1.  That  any  water  company  now  organized,  or  that 
may  hereafter  be  organized  under  the  laws  of  this  State,  for  the  pur- 
pose of  supplying  any  city,  town  or  village,  or  the  inhabitants  thereof 
with  water,  is  hereby  empowered  to  locate  its  source  of  supply  at  or 
change  its  source  of  supply  to  a  point  beyond  the  limits  of  such  city, 
town  or  village;  and  any  such  company  may  enter  upon  any  lands 
and  take  and  damage  private  property  beyond  said  limits,  for  the  con- 
struction, maintenance  and  operation  of  a  line  or  lines  of  water  pipe, 
to  such  source  of  supply,  and  also  for  the  necessary  pumping  stations, 
reservoirs  or  other  appurtenances;  and  also  construct,  maintain  and 
operate  beyond  said  limits  such  line  or  lines  of  water  pipe  across  or 
under  any  railroad  right  of  way,  and  in  and  under  any  public  or 
private  road,  highway,  street,  alley  or  public  ground  or  across  or 
under  any  of  the  waters  within  this  State:  Provided,  however,  that 
such  source  of  supply  shall  not  be  located  more  than  ten  miles 
distance  from  the  corporate  limits  of  said  city  or  village,  and  that 
such  line  or  lines  of  water  pipe  shall  not  interfere  with  any  railroad, 
sewer,  gas  pipes,  water  pipes,  or  other  conduit  already  laid  in  or 
under  such  pubHc  or  private  road,  highway,  street,  alley  or  public 
ground  by  pubhc  authority:  And,  provided,  also,  that  such  com- 
pany shall,  in  the  construction  and  repair  of  said  line  or  lines  of 
water  pipe,  restore  such  public  or  private  road,  highway,  street, 
alley  or  public  ground,  to  the  same  condition  as  before,  and  shall 
not  unnecessarily  interfere  with  the  public  use  of  the  navigation  of 
said  waters.  Provided,  further,  the  laying  of  such  water  pipes  or 
other  work  shall  be  done  under  such  reasonable  regulations  as  the 
authorities  of  any  township,  town,  city  or  village  wherein  such 
work  is  done  may  prescribe. 

543.  Right  of  eminent  domain.]  §  2.  When  it  is  necessary 
for  the  construction,  maintenance  and  operation  of  such  line  or 
lines  of  water  pipes,  pumping  stations,  reservoirs  or  other  appur- 
tenances, to  take  or  damage  private  property,  the  same  may  be  done, 
and  the  compensation  therefor  may  be  ascertained  and  made  in  the 
manner  which  may  be  then  provided  by  law  for  the  exercise  of  the 
right  of  eminent  domain. 

544.  Punishment  of  persons  interfering.]  §  3.  Any  person 
who  shall  unlawfully  and  intentionally  molest  or  destroy  any  part 
or  portion  of  said  line  or  lines  of  water  pipe,  pumping  stations, 
reservoirs  or  other  appurtenances,  or  the  material  or  property  be- 
longing thereto,  or  shall  in  any  manner  interfere  with  the  construction, 
maintenance  or  operation  thereof,  shall,  on  conviction  thereof, 
be  deemed  guilty  of  a  misdemeanor  and  be  punished  by  a  fine  not 
exceeding  $100,  said  fine  to  be  recoverable  in  any  court  having  juris- 
diction of  the  offense:  Provided,  that  prosecution  under  the  forego- 
ing provisions  of  this  section  shall  not  in  any  manner  prevent  a  re- 


182  ABSTRACT  OF  STATUTES 

covery  by  the  company  entitled  thereto,  of  the  amount  of  damages 
done  to  said  property. 

545.  May  fix  rates  for  water  supply.]  (Chapter  24,  Sec.  267f.) 
§  1.  That  the  corporate  authority  of  any  city,  town  or  village,  now 
or  hereafter  incorporated  under  any  general  or  special  law  of  this 
State,  in  which  any  individual,  company  or  corporation  has  been,  or 
hereafter  may  be,  authorized  b}^  such  city,  town  or  village  to  supply 
water  to  such  city,  town  or  village  and  the  inhabitants  thereof,  be  and 
are  hereby  empowered  to  prescribe  by  ordinance  maximum  rates  and 
charges  for  the  supply  of  water  furnished  by  such  individual,  com- 
pany or  corporation  to  such  city,  town  or  village,  and  the  inhabit- 
ants thereof,  such  rates  and  charges  to  be  just  and  reasonable.  And 
in  case  the  corporate  authorities  of  any  such  city,  town  or  village  shall 
fix  unjust  and  unreasonable  rates  and  charges,  the  same  may  be  re- 
viewed and  detennined  by  the  circuit  court  of  the  county  in  which 
such  city,  town  or  village  may  be. 

546.  Cities  owning  or  operating  water  works — powers  and 
privileges.]  (Chapter  24,  Sec.  268.)  §  1.  That  all  cities  owning 
or  operating  water  works  under  any  charter  granted  by  act  of  any 
general  assembly  of  this  State,  or  under  the  general  incorporation 
laws  of  this  State,  whether  by  boards  of  water  commissioners  or  by 
officers  appointed  for  that  purpose,  are  hereby  granted  the  following 
powers  and  privileges,  for  the  purpose  of  increasing  or  bettering  the 
source  of  supply  from  which  such  water  is  obtained. 

547.  Powers  of  board — may  raise  money — vote.]  §  2.  When- 
ever, in  the  judgment  of  a  majority  of  any  board  of  water  commission- 
ers, or  if  there  be  no  such  board,  then  in  the  judgment  of  a  majority 
of  the  city  council  of  any  city  owning  or  operating  such  water  works, 
it  shall  be  necessary  for  the  public  health,  or  for  any  other  cause,  to 
increase  the  source  of  water  supply,  or  to  substitute  for  it  such  better 
source  as,  in  their  judgment,  the  interests  of  such  city  may  demand, 
such  board  of  water  commissioners  or  city  council  may,  in  addition 
to  the  powers  already  conferred  upon  them  by  Act  of  any  general 
assembly  of  this  State,  construct  wells,  either  by  boring  or  excava- 
tion, and  protect  and  equip  the  same  after  construction,  or  may  lease 
water  privileges  from  private  parties  or  corporations  owning  wells 
already  or  hereafter  to  be  constructed,  and  may  pay  for  such  con- 
struction or  lease,  and  for  the  expenses  maintained  in  operating  the 
same,  out  of  any  earnings  of  such  water  works  under  their  control 
which  may  be  in  their  hands  at  the  time  of  the  taking  effect  of  this 
Act,  or  which  may  accrue  to  them  hereafter:  Provided,  that  no 
money  shall  be  expended  under  the  provisions  of  this  Act,  for  the 
purposes  herein  specified,  until  the  question  of  the  expenditure  of 
such  money  for  the  purposes  aforesaid  shall  ha\'e  been  submitted  to 
a  vote  of  the  people  of  the  city  in  which  such  water  works  may  be 
situated,  at  any  election  for  city  officers  or  special  election  called  for 


ABSTRACT  OF  STATUTES  183 


that  purpose  by  the  city  council  of  said  city,  and  shall  have  received 
a  majority  of  the  votes  cast  at  such  election :  Provided,  further,  that 
no  money  shall  be  expended  under  the  provisions  of  this  Act,  for 
the  purposes  aforesaid,  other  than  the  surplus  earnings  of  such 
water  works. 

548.  May  acquire  water  works — payment.]  (Chapter  24,  Sec. 
.270a.)  §  1.  Every  city,  incorporated  town  and  village  in  this 
State,  is  hereby  authorized  to  acquire  water  works  for  supplying  water 
for  public  use,  and  for  domestic  use  of  its  inhabitants  by  building  or 
purchasing  a  water  works  system  or  enlarging  or  extending  an  existing 
system.  In  payment  for  such  building,  purchase  or  enlargement  any 
such  municipality  may  issue  certificates  of  indebtedness  limited  in 
their  payment  solely  to  the  water  fund  hereinafter  provided  for;  such 
certificates  may  bear  interest  at  a  rate  of  not  exceeding  six  per 
cent\mi  per  annum,  payable  semi-annually,  and  shall  only  be  issued 
at  not  less  than  par  value  in  payment  for  the  building,  purchase  or 
extension  of  a  water  works  system. 

549.  Ordinance — petition — submission  to  vote.]  §  2.  Any  such 
municipality  desiring  to  avail  itself  of  the  provisions  of  this  Act  shall 
first  pass  an  ordinance,  fixing  in  a  general  way  the  capacity  of  the 
water  works  system  it  is  proposed  to  acquire,  and  referring  to  the 
plans  and  specifications  therefor,  which  shall  be  open  to  the  inspec- 
tion of  the  public;  which  said  ordinance  shall  fix  the  rates  at  which 
water  is  to  be  suppHed  for  all  private  purposes,  and  said  rates,  so 
fixed,  shall  not  thereafter  be  reduced  until  the  certificates  issued  for 
acquiring  or  enlarging  the  water  works,  and  the  interest  thereon,  are 
fully  paid.  Which  said  ordinance  shall  be  published  in  a  newspaper 
published  in  such  municipality,  at  least  once  in  each  week  for  three 
successive  weeks.  And  if  no  petition  shall  be  filed  with  the  clerk  of 
such  municipality  as  hereinafter  provided,  within  twenty-one  days 
after  the  first  publication  of  said  ordinance,  then  the  corporate 
authorities  may  proceed  to  carry  out  the  provisions  of  the  ordinance. 
But  if  within  said  period  of  twenty-one  days,  there  shall  be  filed 
with  the  clerk  of  such  municipality,  a  petition,  signed  by  twenty 
per  cent,  of  the  number  of  voters  voting  for  presiding  officer  of 
the  legislative  body  of  such  municipality  at  the  next  preceding 
general  city,  town  or  village  election,  asking  that  the  question  of 
acquiring  or  enlarging  a  water  works  system  be  submitted  to  a  vote. 
It  shall  then  be  the  duty  of  the  legislative  body  of  such  municipality, 
to  call  a  special  election  in  the  manner  provided  by  law,  to  vote  upon 
such  question,  and  if  it  appear  that  a  majority  of  the  voters  voting 
upon  such  question  at  such  election  vote  in  favor  of  acquiring  or 
enlarging  the  water  works,  then  said  ordinance  shall  be  in  full  force 
and  effect,  and  the  corporate  authorities  may  proceed  to  carry  out 
the  provisions  thereof,  but  if  a  majority  of  the  votes  cast  are  against 


184  ABSTRACT  OF  STATUTES 

such  acquiring  or  enlarging,  then  said  city,  incorporated  town  or 
village  shall  jjrocecd  no  further  for  the  period  of  six  months  next 
ensuing. 

550.  Water  fund — certificates — payment  of.]  §  3.  Whenever 
any  such  municipality  shall  a\'ail  itself  of  the  provisions  of  this 
Act,  the  entire  proceeds  arising  from  the  operation  of  the  water 
works  system  thereof  shall  be  paid  into  a  fund  known  as  the  "water 
fund,"  and  which  fund  shall  be  and  remain  inviolate  until  the  cer- 
tificates issued  under  the  terms  hereof  and  the  interest  thereon  is 
fully  paid,  and  the  treasurer  of  such  municipality  shall  not  pay  any 
warrants  drawn  on  said  fund  unless  the  same  be  drawn  in  payment 
of  the  necessary  operating  expenses  of  such  water  works  system,  or  in 
payment  of  the  certificates  issued  hereunder  or  the  interest  thereon. 

551.  May  mortgage  water  works  system.]  §  4.  In  order  to 
secure  in  the  most  ample  manner,  the  payment  of  the  water  certifi- 
cates, authorized  as  aforesaid,  any  such  municipality  may  convey 
by  way  of  mortgage  or  deed  of  trust,  the  water  works  system  so 
acquired  or  enlarged,  which  said  mortgage  or  deed  of  trust  shall 
be  acknowledged  and  recorded  in  the  same  manner  as  mortgages  of 
real  property,  and  which  mortgage  or  deed  of  trust  may  contain 
such  provisions  and  conditions  as  are  reasonably  necessary  to  fully 
secure  the  payment  of  said  water  certificates. 

552.  Foreclosure  of  certificates.]  §  5.  Whenever,  and  as  often 
as  default  shall  be  made  in  the  payment  of  water  certificates,  issued 
as  aforesaid,  and  such  default  shall  continue  for  the  space  of  ninety 
days,  it  shall  be  lawful  for  said  mortgagee  or  trustee  to  declare  the 
whole  of  the  principal  and  interest  of  such  certificates  at  once  due  and 
payable,  and  proceed  to  foreclose  the  same  in  any  court  of  competent 
jurisdiction,  and  in  any  decree  to  be  rendered  in  such  suit  of  fore- 
closure there  shall  be  included  a  reasonable  solicitor's  fee  for  the 
complainant's  solicitor,  and  such  decree  shall  fix  reasonable  rates 
for  water  furnished  from  said  water  works  system  for  public  uses 
during  the  time  that  such  municipality  shall  be  deprived  of  the 
possession  thereof,  as  hereinafter  provided,  and  upon  any  sale  under 
such  decree  of  foreclosure  the  person  or  corporation  offering  to  satisfy 
said  decree  for  the  rents,  incomes  and  profits  of  said  water  works 
system  for  the  least  number  of  years,  not  exceeding  fifty,  shall  be- 
come the  purchaser  thereof,  and  on  satisfying  said  decree,  shall  be 
let  into  the  use,  occupation  and  enjoyment  of  said  water  works 
system  during  the  period  of  time  for  which  the  same  were  sold,  and 
during  such  period  such  purchaser  or  assigns  shall  be  entitled  to 
receive  and  collect  for  water  furnished  for  private  uses  the  rates 
prescribed  in  the  ordinance  provided  for  in  section  2  of  this  Act,  and 
shall  be  entitled  to  receive  and  collect  the  reasonable  rates  fixed  for 
the  public  uses  of  water  in  such  decree.  At  the  end  of  said  period, 
said  purchasers  or  assigns  shall  deliver  said  water  works  system  to  such 


ABSTRACT  OP  STATUTES  185' 

municipality  in  as  good  condition  as  when  the  same  was  received, 
ordinary  wear  and  tear  excepted. 

553.  Rights  of  purchaser  at  foreclosure  sale.]  §  6.  During 
the  period  of  time  when  the  purchaser  at  such  foreclosure  sale  shall 
be  entitled  to  the  use  and  enjoyment  of  said  water  works  system, 
it  shall  not  be  competent  for  such  municipality  to  construct  or  author- 
ize any  other  person  or  corporation  to  construct  a  competing  sys- 
tein  of  water  works,  nor  shall  it  be  competent  for  the  purchaser  at 
such  foreclosure  sale,  or  assigns,  to  extend  the  water  works  system  so 
purchased,  except  upon  such  terms  as  such  municipality  may  author- 
ize. 

554.  How  act  construed.]  §  7.  This  shall  be  deemed  and  con- 
strued to  confer  powers  in  addition  to,  but  not  limiting  those  now 
existing. 

TO    BUY    OR    CONSTRUCT    WATER    WORKS    AND    TO    PROVIDE    FOR    THE 
MANAGEMENT  THEREOF,  ETC. 

555.  Power  to  levy  a  direct  annual  tax  of  not  more  than  one  per 
cent.]  (Chapter  24,  Sec.  270h.)  §  1.  That  cities  and  villages  shall 
have  the  power  to  levy,  in  addition  to  the  taxes  now  authorized  by 
law,  a  direct  annual  tax  of  not  more  than  one  cent  on  the  dollar 
upon  all  the  property  within  the  corporate  limits  of  the  city  or 
village,  said  tax  to  be  payable  yearly  for  a  period  of  not  more  than 
thirty  years;  the  proceeds  of  said  tax  to  be  used  solely  for  the  pur- 
chase, construction  or  enlarging  of  water  works. 

556.  Contract  for  purchase  or  erection  of  water  works — direct 
annual  tax.]  §  2.  Whenever  any  city  or  village  desires  to  avail 
itself  of  the  provisions  of  this  Act,  the  city  ccuncil  or  the  board  of 
trustees,  as  the  case  may  be,  may,  by  ordinance  or  resolution,  con- 
tract for  the  purchase  or  erection  of  water  works  for  a  provisionally 
certain  fixed  sum,  or  may  so  contract  for  purchase,  extension  and 
enlarging  if  the  plant  proposed  to  be  purchased  shall  be  inadequate, 
and  such  contract  for  erection  or  purchase,  together  with  a  report 
from  the  city  or  village  engineer  recommending  the  same,  shall  be 
published  at  least  once  a  week  for  three  consecutive  weeks  in  a 
daily  or  weekly  newspaper  published  in  said  city  or  village,  and 
shall  at  the  same  time,  provide  by  resolution  or  ordinance  for  the 
levying  of  a  direct  annual  tax  as  authorized  in  section  1  of  this 
Act,  the  total  of  which  said  tax  for  the  term  levied,  together  with 
the  annual  revenue  which  is  estimated  to  be  derived  from  the  works, 
shall  be  sufficient  to  pay  the  contract  price  for  the  works,  together 
with  intesest  on  same;  but  such  contract  for  purchase,  erection  or 
enlarging  and  such  tax,  shall  not  be  valid  or  binding  until  confirmed 
by  vote,  as  follows: 


186  ABSTRACT  OF  STATUTES 


557.  Such  contract  and  tax  after  action  by  the  council  to  be 
submitted  to  voters  manner  of  submission.]  §  3.  Such  contract 
and  tax,  after  action  by  the  council  or  trustees  as  aforesaid,  shall, 
before  they  shall  be  valid  and  binding,  be  submitted  for  ratification 
to  the  voters  of  the  city  or  village  at  a  regular  or  special  election  by 
giving  notice  of  same,  which  notice  shall  specify  the  character  of 
the  said  works  proposed  to  be  erected,  purchased  or  enlarged,  and 
the  amount  of  tax  to  be  levied,  and  said  notice  shall  be  posted  in  ten 
public  places  within  such  city  or  village  at  least  three  weeks  prior  to 
said  election,  and  also  by  publication  three  times  in  a  daily  or  weekly 
newspaper  published  in  said  city  or  village,  and  for  three  weeks  pre- 
ceding such  election,  there  shall  be  on  file  in  some  public  place,  con- 
venient of  access,  a  fiill  description  of  works,  copy  of  contract  and 
report  of  engineer,  for  the  inspection  of  the  voters,  and  notice  of 
where  said  plans  and  specifications  are  on  file  shall  be  included  in 
the  notice  of  election.  If  three-foiu-ths  of  all  the  voters  voting  on 
said  proposition  shall  vote  in  favor  of  said  contract  and  tax,  the  same 
shall  be  binding  and  the  tax  duly  levied.  The  ballots  at  such  elec- 
tion shall  read : 


"Proposition  to  construct,  purchase  or  enlarge  (or  all) 
water  works  and  levy  a  tax  of  annually  for 

vears:" 


Yes. 


No. 


558.  Power  of  city  council  and  board  of  trustees  under  this  Act.] 
§  4.  The  city  council  in  cities  and  the  board  of  trustees  in  villages, 
shall  have  the  power  to  carry  into  execution,  the  contract  for  the 
erection,  purchase  or  enlarging  of  water  works  when  ratified  by 
the  voters,  as  directed  in  section  3,  and  employ  a  superintendent 
and  such  other  employes  as  may  be  necessary  and  proper  for  the 
operation  of  such  works,  for  the  collection  of  water  rentals  and  for 
the  conduct  of  the  business  necessary  to  the  operation  thereof. 

559.  Power  to  issue  bonds  against  taxes  levied.]  §  5.  The  city 
council  in  cities  and  the  board  of  trustees  in  villages  shall  have  the 
power  to  issue  bonds  against  the  taxes  levied,  the  same  to  be  payable 
only  out  of  said  special  tax  when  collected  and  out  of  the  net  revenue 
derived  from  the  operation  of  said  works. 

560.  Bonds — when  to  mature — interest.]  §  6.  The  said  bonds 
shall  be  made  to  mature  in  as  nearly  as  possible  equal  installments 
of  one  hundred  dollars,  or  miiltiples  thereof,  the  first  installment  to 
be  payable  one  or  two  years  from  date,  the  last  installment  within 
one  year  after  date  of  the  last  tax  levy  provided  in  the  vote  authoriz- 
ing said  levy.  The  bonds  shall  bear  interest  at  a  rate  not  to  exceed 
six  per  cent.,  payable  annually  or  semi-annually,  shall  be  sold  for  not 


ABSTRACT  OF  STATUTES  187 

less  than  par,  or  may  be  paid  out  at  not  less  than  par  for  the  construc- 
tion, purchase  or  enlargement  of  said  works. 

561.  Form  of  bonds.]  §  7.  Said  bonds  shall  be  substantially  in 
the  following  fomi: 

The  City  or  Village  of ,  County  of ,  State  of   [Uinois,  for  value 

received  hereby  promises  to  pay  to  bearer hundred  dollars,  lawiul  money 

of  the  United  States  of  America,  on  the day  of :.A.  D , 

together  with  interest  thereon  at  the  rate  of per  centum  per  annum,  paya- 
ble annually  on  the day  of A.  D Both  principal  and 

interest  payable  at  the 

This  bond  is  one  of  a  series  of  bonds  amounting  to dollars, 

issued  by  ordinance  of  the  City  (or  Village)  of ,  and  is  payable 

solely  out  of  funds  derived  from  special  tax  levy  and  net  revenue  of  the  water 

works  of  the  City  (or  Village)  of ;  the  erection ,  purchase  or  enlarging 

of  said  works  and  levy  of  said  tax  having  been  authorized  at  an  election  legally 

called  and  held  on  the day  of A.  D ;  and  out  of  no 

other  funds.  And  it  is  hereby  recited  that  all  acts,  conditions  and  things  pre- 
cedent to  and  in  the  issuance  of  this  bond  have  been  properly  done,  happened 
and  performed  in  regular  and  due  form  as  required  by  law. 

In  testimony  whereof  the  City  Council  (or  Board  of  Trustees)  has  caused  this 
bond  to  be  signed  by  the  Mayor  (or  President)  and  countersigned  by  the.  Clerk, 

and  caused  the  seal  of  the  City  or  Village  to  be  affixed  this day  of 

A.  D 

,  .  ,  Mayor. 

,  Clerk. 

Coupons  representing  the  interest,  shall  be  attached  thereto, 
which  may  be  signed  or  bear  the  lithographed  signature  of  the  clerk 
of  said  city  or  village. 

562.  Fixing  water  rentals  or  rates.]  §  8.  The  board  of  trustees 
or  city  council  shall,  from  time  to  time,  fix  the  water  rentals  or  rates 
to  be  charged  for  the  furnishing  of  water,  and  such  shall  be  made 
sufficient,  together  with  the  proceeds  of  the  special  tax  provided  by 
the  Act  to  pay  at  maturity  the  interest  and  principal  of  bonds  issued 
under  the  provisions  of  the  Act,  and  also  for  the  proper  maintenance 
and  operation  of  such  works,  the  proper  and  necessary  extension 
thereof,  and  for  all  repairs  thereon. 

563.  Water  district  created  by  two  or  more  villages,  etc. — how 
governed.]  §  9.  Any  two  or  more  villages  or  cities  adjacent  to  each 
other  may  elect  by  ordinance  to  create  a  Water  District,  said  dis- 
trict to  be  governed  by  a  board  of  trustees  composed  of  the  joint  city 
councils  or  village  boards  of  each  and  every  such  city  and  village, 
which  said  board  of  trustees  shall  have  the  power  given  to  city 
councils  or  boards  of  trustees  in  this  Act,  and  said  water  districts 
shall  be  a  body  corporate  to  carry  out  the  provisions  of  the  Act, 
but  notice  of  any  election  held  by  such  water  district  under  this  Act 
shall  be  given  in  each  and  every  city  and  village  combining  into  the 
district,  and  if  the  election  shall  not  carry  by  three-fourths  of  all 


1S8  ABSTRACT  OF  STATUTES 


voters  voting  in  each  city  or  villaj^c  in  said  d'strict,  then  the  pro- 
posed contract  and  tax  shall  be  considered  to  have  failed  oi'  ratifica- 
tion and  to  be  void. 

561.  This  Act  confers  additional  powers  on  city  councils,  etc.j 
§  10.  This  Act  shall  be  considered  as  conferring  additional  ]jower 
on  city  councils  and  boards  of  trustees,  and  as  in  addition  to  and  not 
limiting  powers  now  given  cities  and  villages,  city  councils  and 
boards  of  trustees  by  law. 


GENERAL  ORDINANCES 

OF  THE 

CITY  OF  DANVILLE 


Whereas,  Provision|has  been  made  for  the  revision  and  republi- 
cation of  the  general  ordinances  of  this  City  in  book  form. 

Therefore,  be  it  ordained  by  the  city  council  of  the  City  of  Dan- 
ville, Illinois,  as  follows,  to-wit : 


CHAPTER  I. 
AMUSEMENTS. 

565.  License  required.]  §  1.  No  circus,  menagerie,  sideshow, 
dog,  pony,  monkey  or  bird  show,  theater,  minstrel  show,  concert, 
musical  entertainment,  panorama,  dime  museum,  vaudeville,  ex- 
hibition of  natural  or  artificial  curiosities,  or  of  paintings  or  statuary, 
fortune  telling,  feats  of  jugglery,  sleight  of  hand,  necromancy  and  the 
like,  and  no  other  similar  public  exhibition,  entertainment,  show  or 
amusement,  given  for  gain,  shall  be  given,  exhibited  or  performed 
without  a  license  therefor  first  being  taken  out,  under  a  penalty  of 
not  less  than  ten  dollars  nor  more  than  two  hundred  dollars  for  each 
offense. 

566.  Fees.]  §  2.  The  charges  for  such  licenses  shall  be  as 
follows : 

Circuses,  etc. — For  each  circus,  menagerie,  or  hippodrome,  or  a 
combination  thereof,  charging  a  general  admission  fee  of  fifty  cents, 
one  hundred  dollars  per  day;  for  each  circus,  menagerie,  or  hippodro- 
drome,  or  a  combination  thereof,  charging  a  general  admission  fee  of 
twenty-five  cents,  fifty  dollars  per  day;  and  for  each  side  show,  ten 
dollars  per  day;  for  each  concert,  musical  or  minstrel  entertainment 
given  in  connection  with  a  circus,  menagerie  or  hippodrome,  five 
dollars  for  each  performance. 

Dog  and  Pony  Shows. — For  any  show  of  the  class  usually  known 
as  a  dog,  pony,  monkey  or  bird  show,  twenty-five  dollars  per  day. 

Theaters. — For  any  other  dramatic  or  musical  entertainment, 
concert,  threater,  minstrel  show  or  similar  entertaimnent,  five  dol- 
lars for  each  entertainment. 

Exhibition  of  Curiosities,  etc. — For  any  panorama,  exhibition 
of  natural  or  artificial  curiosities,  or  of  paintings,  pictures  or  statuary, 
ten  dollars  per  day. 

Dime  Museums,  etc. — For  any  dime  museum  or  vaudeville  show, 
ten  dollars  per  day,  twenty  dollars  per  week,  fifty  dollars  per  month. 

Penny  Arcades,  etc — For  any  public  amusement  of  the  class 
usually  known  as  a  penny  arcade,  or  siinilar  entertainment,  five 
dollars  per  day;  fifteen  dollars  per  week;  twenty-five  dollars  per 
month;  seventy-five  dollars  per  year. 

Wild  West  Shows. — For  any  show  of  the  class  usually  known  as 
a  Wild  West  show,  one  hundred  dollars  per  day;  and  for  each  side 
show,  ten  dollars  per  day. 


192  GENERAL    ORDINANCES 

All  Others. — Any  and  all  other  show?,,  entertainments  or  amuse- 
ments for  which  license  is  required,  where  not  otherwise  specified, 
each  five  dollars  per  day. 

567.  House  license.]  §  3.  In  case  any  of  the  exhibitions, 
shows  or  amusements  aforesaid  shall  be  given  in  a  theater,  opera 
house,  i)ublie  hall,  or  other  like  place  of  amusement,  it  may  be  law- 
ful for  either  the  person  giving  the  same,  or  the  person  owning  or 
managing  such  place,  to  take  out  an  annual  license  at  one  hundred 
and  fifty  dollars  per  annum,  and  it  is  hereby  made  the  duty  of  the 
owner  and  of  the  manager  of  any  threater,  opera  house,  public  hall 
or  other  place  of  amvisement,  where  any  such  exhibition,  show  or 
amusement  aforesaid  is  to  be  given,  to  see  that  license  has  been  duly 
obtained,  either  under  this  or  the  preceding  section,  under  a  jDcnalty 
of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dol- 
lars, in  case  the  same  is  given  without  license. 

568.  Billiard  tables,  etc.]  §  4.  No  billiard  table,  bagatelle, 
pool,  pin  pool,  jjigeon-holc  or  the  like  table  shall  be  kept  for  gain, 
without  license  first  obtained,  which  shall  be  paid  for  at  the  rate  of 
five  dollars  per  annum  for  the  first  table,  and  two  dollars  and  fifty 
cents  per  annum  for  each  additional  table,  under  a  penalty  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars. 

569.  Lung  testers,  etc.]  §  5.  No  lung  tester,  lifting  apparatus, 
galvanic  battery,  striking-machine,  merry-go-round,  flying-machine, 
or  an}^  mechanism  or  device  used  for  ainusement  purposes,  shall  be 
kept,  used  or  exhibited  for  gain  without  license  first  obtained,  which 
shall  be  paid  for  at  the  rate  of  ten  dollars  for  the  first  day,  and  there- 
after at  the  rate  of  ten  dollars  per  day,  under  a  penalty  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars  for  each  ofifense. 

570.  Shooting  galleries.]  §  6.  No  shooting  gallery  shall  be 
kept,  used  or  maintained  for  gain  without  license  first  had  and  ob- 
tained, which  shall  be  paid  for  at  the  rate  of  five  dollars  per  day  for 
the  first  day,  and  thereafter  at  the  rate  of  one  dollar  per  day  in  ease 
the  license  is  for  a  less  period  than  thirty  days;  and  in  case  the 
license  is  for  the  period  of  one  year,  then  to  be  paid  for  at  the  rate  of 
fifty  dollars  per  year,  under  a  penalty  of  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars  for  each  oftence. 

571.  Roller  skating  rinks.]  §  7.  No  person  shall  engage  in 
the  business  of  conducting  a  roller  skating  rink  or  polo  rink  for  gain 
without  first  obtaining  license,  for  which  shall  be  paid  fifty  dollars 
per  month,  under  a  penalty  of  not  less  than  five  dollars  nor  more 
than    one  hundred  dollars  for  each  offence. 

572.  Hours— minors.]  §  8.  No  owner,  keeper,  or  i)erson  hav- 
ing the  management  or  control  of  any  ]3lace  used  for  the  purpose  of 
roller  skating  shall  keep  open  said  place,  or  allow  roller  skating  there- 


GENERAL    ORDINANCES  193 


in,  after  the  hour  of  eleven  o'clock  P.  M.;  nor  allow  any  girl  or  boy 
under  the  age  of  eighteen  years  to  enter  said  place  without  the 
written  consent  of  his  or  her  parent,  or  legal  guardian,  which  written 
consent  shall  be  dated  and  shall  expire  at  the  end  of  ten  days  from 
the  date  it  is  given,  and  said  written  consent  shall  be  filed  by  the 
owner,  manager  or  person  having  control  of  said  place,  and  shall  be 
exhibited  to  any  police  officer  whenever  demanded  by  any  such 
officer.  Every  owner,  keeper,  or  person  having  control  of  a  place 
used  for  roller  skating,  who  shall  violate  any  or  either  of  the  above 
provisions  shall  be  fined  not  less  than  ten  dollars  and  not  more  than 
one  hundred  dollars  for  each  offense. 

573.  Ball  alleys.]  §  9.  No  ball  or  pin  alley,  usually  designated 
as  a  ten -pin  alley,  shall  be  kept  for  gain  without  first  obtaining  license, 
for  which  shall  be  paid  ten  dollars  per  annum  for  the  first  alley,  and 
five  dollars  per  annum  for  each  additional  alley,  under  a  penalty  of 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

574.  How  issued.]  §  10.  All  licenses  herein  provided  for 
shall  be  issued  by  the  mayor  and  countersigned  by  the  clerk,  and 
the  latter  shall  keep  a  like  register  of  issuing  the  same  as  is  pro- 
vided in  the  chapter  concerning  the  licensing  of  certain  occupations, 
and  such  licenses  shall  be  subject  to  revocation  for  a  failure  to  ob- 
serve the  laws  of  the  State  or  the  ordinances  of  the  city,  and  such 
license  shall  not  be  construed  as  a  permit  for  conducting  business  or 
exhibitions  on  Sunday,  nor  for  keeping  open  later  than  11  o'clock 
at  night,  nor  as  permitting  the  giving  of  any  entertainment,  show 
or  exhibition  which  is  indecent  or  vulgar  in  character,  nor  as  per- 
mitting the  giving  of  any  concert,  musical  entertainment,  variety 
show  or  any  other  entertainment  in  a  place  where  intoxicating" 
liquor  is  sold,  under  a  penalty,  in  either  case,  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

575.  Good  order  to  be  maintained.]  §  11.  Every  person 
giving  or  conducting  any  exhibition,  show  or  amusement,  or  place 
of  amusement  as  aforesaid,  shall  preserve  good  order  in  and  about  the 
place  where  the  same  is  given  or  conducted,,  and,  if  necessary,  shall 
employ  one  or  more  special  police,  at  his  own  expense,  and  a  neglect 
or  failure  to  so  maintain  and  preserve  good  order  shall  subject  such 
person  to  a  penalty  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars. 

576.  No  chairs  in  aisles.]  §  12.  No  chairs,  stools  or  seats 
of  any  description  shall  be  placed  or  permitted  to  remain  in  the 
aisles  or  passage-ways  in  any  theater,  hall  or  other  public  building 
when  the  same  is  occupied  by  the-  public,  under  a  penalty  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  each  and 
every  violation  of  this  section.     It  shall  be  the  duty  of  all  members 


194  GENERAL   ORDINANCES 

of  the  police  force  to  see  that  this  section  is  strictly  observed ;  and  in 
case  of  any  ^^olation  thereof  to  forthwith  proceed  to  clear  any  ob- 
structed aisle  or  passage-way,  and  to  arrest  the  offender  or  offenders. 

577.  Loitering  in  hallways.]  §  13.  It  shall  not  be  lawful  for 
boys,  or  other  i.crsons,  to  loiter  or  stand  in  any  lobby,  hallway  or 
outer  entrance  to  any  theater,  hall  or  other  public  building,  or  on 
the  sidewalk  adjacent  to  and  within  fifty  feet  of  such  entrance,  after 
a  request  to  move  on,  made  by  the  owner,  lessee  or  manager  of  the 
entertainment,  or  any  pohce  officer,  under  a  penalty  of  not  less  than 
one  dollar  nor  more  than  twenty-five  dollars  for  each  offense. 


CHAPTER  11. 
ANIMALS. 


578.  Running  at  large  prohibited.]  §  1.  It  shall  be  unlawful 
for  any  animal  of  the  species  of  horse,  ass,  mule,  cattle,  sheep,  goat, 
swine,  geese  or  chickens,  at  any  tim^e,  to  run  or  go  at  large  within  the 
corporate  limits  of  this  city,  and  any  person,  being  the  owner  or 
keeper,  or  having  control  of  any  such  animal,  who  shall  suffer  or 
permit  the  same  to  so  run  or  be  at  large  in  said  city,  shall  be  subject 
to  a  penalty  of  one  dollar  for  each  such  animal,  together  with  the 
fees  for  impounding  and  the  expense  of  sustenance  while  impounded, 
as  hereinafter  pro\dded. 

The  herding  of  any  such  animal  upon  uninclosed  lands  without 
the  consent  of  the  owner,  or  person  having  control  of  such  lands, 
shall  be  deemed  a  running  at  large. 

579.  Police  to  impound.]  §  2.  It  is  hereby  made  the  duty  of 
the  chief  of  ];olicc,  the  poundkeeper  and  of  the  several  members 
of  the  police  force  to  take  up  any  and  all  animals  found  unlawfully 
at  large  within  the  city,  and  to  confine  the  same  in  the  pound  or 
pounds  to  be  provided  for  that  purpose. 

580.  Any  citizen  may  impound.]  §  3.  It  shall  be  lawful  for  any 
citizen  to  take  any  such  animal  unlawfully  at  large  within  this  city, 
and  either  drive  the  same  to  the  city  pound,  or  confine  the  same  in 
some  safe  and  convenient  place,  and  at  once  notify  the  poundkeeper 
or  some  police  officer,  who  shall  forthwith  take  charge  of  such 
animal. 

581.  Poundkeeper.]  §  4.  The  chief  of  poHce  shall  be  ex-officio 
poundkeeper,  and  he  shall  have  the  care  and  control  of  any  and  all 
pounds,  and  the  custody  of  all  animals  impounded.  He  shall 
provide  suitable  and  necessary  food  and  drink  for. such  animals  and 
shall  keep  a  record  book  open  to  the  inspection  of  all  persons,  to  be 


GENERAL    ORDINANCES  195 


kept  at  police  headquarters,  statinj^  the  date  of  impounding,  a  de- 
scription of  the  animal,  the  owner's  name,  if  known,  the  disposi- 
tion made  of  the  animal,  and  the  amount  of  moneys  received,  and 
the  fees  and  charges.  Verified  monthly  reports  shall  be  made  by  him 
to  the  city  council,  accompanied  by  the  treasurer's  receipt  showing 
payment  of  the  moneys  due  the  city. 

582.  Redemption — complaint.]  §  5.  If  the  owner,  or  person 
entitled  to  possession,  shall  appear  within  twenty-four  hours,  and  pay 
all  fees  for  impounding  and  expenses  of  sustenance,  the  animal  im- 
pounded shall  be  released.  If  such  is  not  the  case,  the  poundkeeper 
shall  make  complaint  in  writing  to  the  police  magistrate  or  some 
justice  of  the  peace,  giving  a  description  of  the  animal,  the  date  of 
impounding,  and  the  owner's  name  if  known,  or  if  unknown,  that 
fact  shall  be  stated,  and  setting  forth  that  such  animal  was  found 
unlawfully  at  large. 

583.  Procedure.]  §  6.  The  case  shall  be  docketed  in  the  name 
of  the  city  against  the  owner,  naming  him  where  the  name  is  known, 

and  where  unknown,  against  the  "unknown  owner  of  , " 

(here  insert  a  general  description  of  the  animal).  Where  the  owner 
is  known,  summons  shall  issue  and  be  served  as  in  any  civil  case. 
Where  the  owner  is  unknown,  notice  shall  be  given  by  posting  copies 
in  three  public  places  in  the  city.  Likewise,  where  the  owner  is  a 
non-resident  of  the  county,  similar  notices  shall  be  posted  and, 
in  addition,  a  copy  shall  be  mailed  to  his  postoflfice  address,  if  known, 
which  mailing  and  posting  shall  be  at  least  five  days  before  the 
hearing. 

584.  Judgment.]  §  7.  If,  at  the  hearing,  it  be  found  such  animal 
was  unlawfully  at  large,  the  magistrate  may  enter  judgment  finding 
such  facts  and  rendering  judgment  for  the  amount  of  penalty,  costs, 
expenses  and  charges  for  impounding  and  sustenance,  and  also  the 
costs  of  suit,  and  shall  order  the  sale  of  the  animal,  and  shall  issue 
an  order  of  sale  to  the  poundkeeper  in  substantially  the  following 
form,  viz: 

The  People  of  the  State  of  Illinois  to Poundkeeper: 

We  command  you  that  of  the  following  described  goods  and  chattels,  to- 
wit:  (Here  describe  animal),  the  property  of  (here  insert  the  name  of  the 
owners,  if  known;  if  not,   then  say  "some  person  unknown"),  you  make  the 

sum  of dollars  and cents  debt,  and dollars 

and cents  costs,  which  the  City  of  Danville  lately  recovered  before 

me  against  the  said ,  and  hereof  make  due  return  in  what 

manner  you  execute  the  same. 

Given  under  my  hand  and  seal  this day  of 19 

,  P.  M.     (Seal.) 

Provided,  always,  that. the  animal  shall  be  subject  to  redem.ption 
at  any  time  before  the  sale  is  actually  made. 


196  GENERAL    ORDINANCES 


585.  Notice  of  sale.]  §  8.  The  poundkec])cr  shall  j^ivc  notice  of 
the  time  and  place  of  sale  by  postin*;  notices,  at  least  five  days  before-r 
hand,  in  three  of  the  most  pubHc  ])Iaces  in  the  city,  which  notices 
may  be  substantially  in  the  following,'  form,  viz: 

POUND  NOTICE. 

Taken  up  and  impounded  in  the  city  pound  of  the  City  of  Danville  at  (here 

state  the  place  of  pound),  the  following  described  animal: ,  which, 

unless  redeemed,  will  be  sold  at  public  auction,  for  cash,  to  the  highest  bidder, 

at ,  at  the  hour  of o'clock M.,  on  the  day 

of ,  19 

,  Poundkeeper. 

586.  Return  of  order.]  §  9.  Within  thirty  days  from  its  date 
the  poundkeeper  shall  return  to  the  magistrate  such  order  of  sale, 
together  with  his  indorsement  in  what  manner  he  has  executed 
the  sale,  and  a  statement  of  the  moneys  received  and  disbursed.  The 
surplus,  if  any,  shall  be  covered  into  the  treasury,  to  be  refunded  to 
the  owner  on  the  order  of  the  city  council. 

587.  Officer  prohibited  from  purchasing.]  §  10.  No  officer  of 
the  city  shall  purchase  at  any  such  sale,  and  if  any  officer  shall  fail  to 
give  the  notice  above  required,  he  shall,  in  either  case,  incur  a  penalty 
of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

588.  Fees  for  impounding.]  §  11.  For  taking  up  and  im- 
pounding animals  found  at  large  contrary  to  ordinance,  the  chief 
of  police,  or  the  keeper  of  the  city  pound,  shall  be  allowed  to  charge 
and  receive  the  following  fees: 

First — For  each  horse,  mule  or  ass,  seventy-five  cents. 
Second — For  each  head  of  cattle,  fifty  cents. 
Third — For  each  sheep,  goat,  hog  or  shoat,  twenty-five  cents. 
Fourth — For  each  suckHng  pig,  five  cents. 
Fifth — For  each  goose  or  chicken,  five  cents.   . 
Sixth — For  discharging  each  animal  from  the  pound  without  sale, 
■except  geese,  chickens  and  suckling  pigs,  twenty  cents. 

589.  Compensation  for  food,  etc.]  §  12.  And  for  providing 
suitable  food  and  drink  for  the  animals  so  impounded,  for  each 
twenty-four  hours  that  the  same  may  be  kept  or  impounded,  respec- 
tively, the  fees  followmg: 

First — For  each  horse,  mule  or  ass,  fifty  cents. 

Second — For  each  head  of  cattle,  forty  cents. 

Third — For  each  goat,  sheep,  hog  or  shoat,  fifteen  cents. 

Fourth — For  each  goose,  chicken  or  suckling  pig,  five  cents. 


GENERAL    ORDINANCES  197 

590.  Fees  for  advertising  and  selling.]  §  13.  For  advertising 
and  selling  any  impounded  animal,  to  satisfy  any  judgment  against 
the  owner  or  keeper  thereof,  the  chief  of  police,  or  pound-keeper, 
shall  be  entitled  to  receive  the  same  fees  as  are  allowed  by  the  statutes 
of  the  State  of  Illinois  to  constables  for  advertising  and  selling  prop- 
erty under  execution. 

591.  Breaking    pound — hindering    impounding — penalty.]     §  14. 

Whoever  shall  break  open,  or  in  any  manner,  directly  or  indirectly, 
aid  or  assist  in,  or  counsel  or  advise  the  breaking  open  of  any  city 
pound,  or  shall  take  or  attempt  to  take  therefrom  any  impounded 
animal  without  the  poundkeeper's  consent,  or  whoever  shall  hinder, 
delay  or  obstruct  the  taking  of  any  animal  found  unlawfully  at  large 
to  the  pound,  or  shall  attempt  to  prevent  the  impounding  thereof,  in 
any  manner,  shall,  in  either  case,  be  fined  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars. 

592.  Wrongful  taking  up — penalty.]  §  15.  Any  person  who 
shall  take  or  drive  any  animal  from  any  enclosed  lot  or  tract  of 
ground,  or  from  any  stable  or  building,  or  from  outside  of  the  city 
limits,  to  any  pound  in  said  city,  or  turn  out  the  same,  with  the  in- 
tent that  such  animal  may  be  impounded,  shall  be  fined  not  less  than 
five  dollars  nor  more  than  twenty  dollars  for  every  animal  so  taken 
or  driven  as  aforesaid. 

593.  Dogs — hydrophobia.]  §  16.  Whenever  danger  of  hydro- 
phobia may  reasonably  be  apprehended,  the  mayor  may,  by  procla- 
mation, to  be  published  in  one  or  more  daily  newspapers  of  this 
city,  require  all  dogs  within  the  city  to  be  securely  muzzled  for  such 
time  as  is  designated  in  the  proclamation;  and  during  such  time  it 
shall  be  unlawful  for  any  dog  not  securely  muzzled  to  be  at  large. 
Any  dog  unlawfully  at  large,  as  aforesaid,  may  be  killed  by  any  police 
officer,  and  the  owner  or  keeper  thereof  shall  be  subject  to  a  penalty  of 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars. 

594.  Vicious  dogs.]  §  17.  Any  owner  or  keeper  of  a  fierce, 
dangerous  or  vicious  dog,  who  shall  knowingly  suffer  or  permit  the 
same  to  run  at  large,  to  the  danger,  annoyance  or  injury  of  another, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars,  and  in  addition  thereto,  as  a  part  of  the  penalty,  the  court 
may  order  the  dog  to  be  killed. 

595.  Bitch — penalty.]  §  18.  It  is  hereby  declared  to  be 
unlawful  for  any  female  dog,  or  bitch,  to  be  or  run  at  large  while 
in  heat,  under  a  penalty  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars,  to  be  assessed,  upon  conviction,  against  any 
owner  or  keeper  who  shall  knowingly  suffer  or  permit  such  running 
at  large. 


198  GENERAL    ORDINANCES 


596.  Cruelty  to  animals.]  §  19.  Whoever  shall  cruelly  or 
unncccssaril}-  beat,  abuse  or  otherwise  maltreat  any  dumb  animal; 
or  shall  over-load  or  over-drive  any  horse,  mule  or  team;  or  shall 
fail  to  provide  any  dumb  animal  owned  or  kept  by  him  with  proper 
and  necessary  food,  drink  and  shelter;  or  shall  turn  out  and  abandon 
any  old  or  decrepit  animal  upon  the  public  streets  or  commons;  or 
shall  in  any  manner  or  b}'  any  means  be  guilty  of  any  cruelty  to  any 
dumb  animal,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars. 

597.  Cock  fighting,  etc.]  §  20.  Whoever  shall  keep  or  use, 
or  in  any  way  be  connected  with  or  interested  in  the  management  of, 
or  shall  receive  money  for  the  admission  of  any  person  to  any  place 
kept  or  used  for  the  purpose  of  fighting  any  bull,  bear,  dog,  cock  or 
other  creature,  and  every  person  who  shall  engage,  encourage,  aid  or 
assist  therein,  or  who  shall  permit  or  suffer  an}'  place  to  be  so  kept  or 
used,  and  every  person  who  shall  visit  such  place  so  kept  or  used,  or 
who  shall  be  found  therein,  shall  be  fined  not  less  than  three  dollars 
nor  more  than  two  hundred  dollars. 


CHAPTER  III. 
BOUNDARIES  OF  CITY  AND  WARDS. 

598.  Territorial  limits  of  city.]  Section  1.  That  the  boundaries 
of  the  city  of  Dan\'ille,  in  \>miiIion  County,  Illinois,  be  as  follows, 
to-wit : 

Beginning  at  the  northwest  corner  of  section  6,  township  19  north 
range  11  west;  thence  east  to  the  northwest  corner  of  the  northeast 
quarter  of  the  northeast  quarter  of  said  section  6;  thence  north  to 
the  north  west  comer  of  the  southeast  quarter  of  the  northeast  quarter 
of  section  31,  township  20  north,  range  11  west;  thence  east  to  the 
northeast  comer  of  the  southeast  quarter  of  the  northeast  quarter 
of  said  section  31 ;  thence  north  to  the  northwest  comer  of  the  south- 
west quarter  of  the  southwest  quarter  of  section  29,  township  20 
north,  range  11  west;  thence  east  to  the  northeast  comer  of  the 
southwest  quarter  of  the  southwest  quarter  of  said  section  29;  thence 
north  to  the  northwest  corner  of  the  south  half  of  the  northeast 
quarter  of  the  southwest  quarter  of  said  section  29;  thence  east  to 
the  east  line  of  the  right  of  way  of  the  Chicago  and  Eastern  Illinois 
Railroad  Company;  thence  southeasterly  along  the  east  line  of  said 
right  of  way  to  the  north  line  of  section  4,  township  19  north,  range 
1 1  west ;  thence  east  to  the  northeast  corner  of  said  section  4 ;  thence 
south  to  the  northwest  corner  of  the  southwest  quarter  of  the  north- 
west quarter  of  section  3,  township  19  north,  range  11  west;  thence 


GENERAL    ORDINANCES  199 


east  to  the  northeast  corner  of  the  southeast  quarter  of  the  north- 
west quarter  of  said  section  3;  thence  south  to  the  southeast  corner 
of  the  southeast  quarter  of  the  northwest  quarter  of  said  section  3; 
thence  east  to  a  point  one  hundred  seventy-six  feet  east  of  the  north- 
east corner  of  the  northwest  quarter  of  the  south  west  quarter  of 
section  2,  township  19  north,  range  11  west;  thence  south  to  a  point 
on  the  south  Hne  of  Baumgart's  First  Addition  to  Oaklawn  extended 
east;  thence  west  on  said  Hne  to  the  southwest  corner  of  said  Baum- 
gart's Addition;  thence  north  to  the  north  Hne  of  section  10,  town- 
ship 19  north,  range  11  west;  thence  west  to  a  point  eighty-eight 
(88)  rods  and  twenty-four  and  one-half  (24|)  Hnks  west  of  the  north- 
east corner  of  the  northwest  quarter  of  the  northeast  quarter  of  said 
section  10;  thence  south  along  the  west  line  of -the  National  Home 
for  Disabled  Volunteer  Soldiers  to  the  south  line  of  the  north  half  of 
the  north  half  of  said  section  10;  thence  west  to  the  northwest  corner 
of  the  east  half  of  the  southeast  quarter  of  the  northwest  quarter  of 
said  section  10 ;  thence  south  along  the  west  line  of  the  east  half  of  the 
east  half  of  the  west  half  of  said  section  10  to  the  center  of  the  public 
road  that  runs  in  a  southeasterly  direction  across  the  northeast 
quarter  of  the  southwest  quarter  of  said  section  10;  thence  south- 
easterly along  the  center  of  said  road  to  the  north  line  of  the  said 
south  half  of  the  southwest  quarter  of  said  section  10;  thence  east 
to  the  northeast  corner  of  the  southeast  quarter  of  the  southwest 
quarter  of  said  section  10;  thence  south  to  the  southeast  corner  of  the 
southeast  quarter  of  the  southwest  quarter  of  said  section  10;  thence 
west  to  the  southwest  corner  of  said  section  10;  thence  south  to  the . 
center  of  the  public  road  (commonly  known  as  the  Perrysville  Road) 
running  east  and  west  through  the  northeast  quarter  of  the  southeast 
quarter  of  section  16,  township  19  north,  range  11  west;  thence  west 
along  the  center  of  the  public  road  and  on  a  line  with  the  center  of 
said  pubHc  road  extended  west,  to  the  center  of  the  Big  Vermilion 
river;  thence  northwesterly  up  the  center  of  said  river  to  the  west 
line  of  the  right  of  way  of  the  Wabash  Railroad  Company ;  thence 
southwesterly  along  the  west  Hne  of  said  right  of  way  to  the  west  Hne 
of  the  main  street  in  vSouth  Danville  (said  street  having  been  Main 
Street  of  the  former  village  of  South  Danville;)  thence  west  to  the 
east  Hne  of  the  old  right  of  way  of  the  Chicago,  Vincennes  &  Cairo 
Railway  Company  (commonly  known  as  The  Cairo  Division  of  the 
Cleveland,  Cincinnati,  Chicago  &  St.  Louis  Railway  Company); 
thence  northerly  along  the  east  line  of  said  right  of  way  to  the  center 
pi  the  Salt  Fork  of  the  Big  Vermilion  river;  thence  northwesterly  up 
the  center  of  said  Salt  Fork  of  said  river  to  the  west  Hne  of  section  7, 
township  19  north,  range  11  west;  thence  north  along  the  west  Hne 
of  said  section  7  and  west  line  of  section  6,  township  19  north,  range 
11  west,  to  the  place  of  beginning  at  the  northwest  corner  of  said 
section  6;  excluding  thereform  the  following  described  territory 
to-wit:     Beginning  at  the  southwest  corner  of  Aldredge's  Second 


200  GENERAL    ORDINANCES 


Addition  to  Vennilion  Heights;  thence  west  to  the  east  line  of  the 
Cairo  Division  of  the  C.  C.  C.  &  St.  L.  Railway;  thence  southwesterly 
alonj;  the  east  line  of  said  Cairo  Division  to  the  center  of  the  Salt 
Fork  of  the  Vermilion  river;  thence  northeasterly  down  the  center 
line  of  said  Salt  Fork  of  the  said  Vermilion  river  to  its  intersection 
with  the  North  Fork  river;  thence  along  the  center  line  of  said 
North  Fork  river  northwesterly  to  a  point  twelve  hundred  and 
sixty-seven  Hnks  west  of  the  east  line  of  section  7,  township  19  north, 
range  11  west;  thence  north  to  the  half  section  Hne  running  east  and 
west  through  said  section  7 ;  thence  west  along  said  half  section  line  to 
the  southwest  corner  of  Ellsworth  Park,  thence  northeasterly  along 
said  park  Hne  to  the  place  of  beginning. 

599.  Division  into  wards.]  §  2.  That  the  City  of  Danville  be 
di\nded  into  sc\'en  wru-ds,  numbered  and  bounded  as  follows,  to-wit: 

First  Ward:  Beginning  at  the  intersection  of  the  center  line  of 
Main  street  with  the  center  line  of  Bowman  avenue;  thence  south 
along  the  center  line  of  Bowman  avenue  and  Bowman  avenue  ex- 
tended south  to  the  center  of  the  Big  Vennilion  river;  thence  up  the 
center  of  the  Big  Vennilion  river  to  the  intersection  of  the  center  line 
of  Walnut  street  extended  south ;  thence  north  along  the  center  line 
of  Walnut  street  extended  south,  and  Walnut  street,  to  the  center 
line  of  Main  street;  thence  east  and  northeasterh-  along  the  center 
line  of  Main  street  to  the  place  of  beginning. 

Second  Ward :  Beginning  at  the  intersection  of  the  center  line  of 
Walnut  street  with  the  center  line  of  Madison  street;  thence  south 
along  the  center  line  of  Walnut  street,  and  Walnut  street  extended 
south,  to  the  center  of  the  Big  Vermilion  river;  thence  down  the 
center  of  the  Big  Vermilion  river  to  the  west  line  of  the  right  of  way 
of  the  Wabash  Railroad  Company;  thence  southwesterly  along  the 
west  line  of  said  right  of  way  to  the  west  line  of  the  main  street  in 
South  Danville  (said  street  having  been  Main  street  of  the  former 
village  of  South  Danville) ;  thence  west  to  the  east  line  of  the  old  right 
of  way  of  the  Chicago,  Vincennes  &  Cairo  railway  company  (com- 
monly known  as  the  Cairo  division  of  the  Cleveland,  Cincinnati, 
Chicago  &  St.  Louis  Railway  Company) ;  thence  northerly  along  the 
east  line  of  said  right  of  way  to  the  center  of  the  Salt  Fork  of  the  Big 
Vermilion  river;  thence  northwesterly  up  the  center  of  said  Salt 
Fork  of  said  river  to  the  west  line  of  section  7,  township  19  north, 
range  11  west;  thence  north  along  the  west  line  of  said  section  7  to 
the  center  line  of  the  public  highway  running  along  the  north  side  of 
the  right  of  way  of  the  Peoria  and  Eastern  Railway  (now  leased  by 
the  Cleveland,  Cincinnati,  Chicago  &  St.  Louis  Railway  Company) ; 
thence  east  along  the  center  line  of  said  highway  to  where  said  high- 
wa}^  turns  south  across  said  railway;  thence  south  along  the  center 
line  of  said  highway  to  the  center  line  of  Oakwood  avenue  (in  what  is 


GENERAL    ORDINANCES  201 


commonly  known  as  Vermilion  Heights) ;  thence  east  along  the 
center  line  of  said  Oakwood  avenue  to  where  the  center  line  of  Oak- 
wood  avenue  intersects  with  the  center  line  of  Bridge  street  extended 
southwesterly;  thence  northeasterly  along  the  center  line  of  said 
Bridge  street  to  where  the  center  line  of  Bridge  street  extended 
northeasterly  intersects  with  the  center  line  of  Chandler  street  ex- 
tended south;  thence  north  along  the  center  line  of  Chandler  street 
extended  south  to  the  center  line  of  Madison  street;  thence  east 
along  the  center  line  of  Madison  street  to  the  place  of  beginning; 
excluding  therefrom  the  following  described  territory,  to-wit:  Be- 
ginning at  the  southwest  corner  of  Aldredge's  Second  Addition 
to  Vermilion  Heights;  thence  west  to  the  east  line  of  the  Cairo  divi- 
sion of  the  C.  C.  C.  &  St.  L.  Railway;  thence  southwesterly  along 
the  east  line  of  said  Cairo  division  to  the  center  of  the  Salt  Fork  of 
the  Vermihon  river ;  thence  northeasterly  down  the  center  line  of  said 
Salt  Fork  of  the  said  Vermilion  river  to  its  intersection  with  the 
North  Fork  river;  thence  along  the  center  of  said  North  Fork  river 
northwesterly  to  a  point  1267  links  west  of  the  east  line  of  section  7, 
township  19  north,  range  11  west;  thence  north  to  the  half  section 
line  running  east  and  west  through  said  section  7 ;  thence  west  along 
said  half  section  line  to  the  southwest  corner  of  Ellsworth  Park; 
thence  northeasterly  along  said  park  line  to  the  place  of  beginning. 

Third  Ward:  Beginning  at  the  intersection  of  the  center  line  of 
Main  street  with  the  center  line  of  Walnut  street;  thence  east  and 
northeasterly  along  the  center  line  of  Main  street  to  a  point  directly 
south  of  the  center  line  of  Griffin  street;  thence  north  along  the 
center  line  of  Griffin  street  to  the  center  line  of  Seminary  street; 
thence  west  along  the  center  line  of  Seminary  street  to  the  center 
line  of  Walnut  street;  thence  south  along  the  center  line  of  Walnut 
street  to  the  place  of  beginning. 

Fourth  Ward:  Beginning  at  the  intersection  of  the  center  line  of 
Seminary  street  with  the  center  line  of  Walnut  street;  thence  east 
along  the  center  line  of  Seminary  street  to  the  center  line  of  Griffin 
street ;  thence  north  along  the  center  line  of  Griffin  street  to  the  cen- 
ter line  of  Voorhees  street  extended  east;  thence  west  along  the  cen- 
ter line  of  Voorhees  street  extended  east  to  the  center  line  of  Section 
.  street  extended  north;  thence  south  along  the  center  line  of  Section 
street  extended  north  to  the  center  of  Stony  creek;  thence  down  the 
center  of  said  Stony  creek  to  the  center  line  of  Fairchild  street ;  thence 
west  along  the  center  line  of  Fairchild  street  to  the  center  line  of 
Washington  avenue  extended  north;  thence  south  along  the  center 
line  of  Washingtoii  avenue  extended  north  to  the  center  line  of 
Woodbury  street  extended  east ;  thence  west  along  the  center  line  of 
Woodbury  street  extended  east  to  the  center  line  of  Walnut  street; 
thence  south  along  the  center  line  of  Walnut  street  to  the;  ulace  of 
beginning. 


202  GENERAL    ORDINANCES 


Fifth  Ward:  Bcjijinning  at  the  intersection  of  the  center  line  of 
Griffin  sUvcl  with  the  north  hne  of  the  south  half  of  the  northwest 
quarter  of  section  3,  tow^nship  19  north,  range  11  west;  thence  east 
along  the  north  line  of  the  south  half  of  the  northwest  quarter  of 
said  section  3  to  the  northeast  comer  of  the  southeast  quarter  of  the 
northwest  quarter  of  said  section  3;  thence  south  to  the  southeast 
comer  of  the  southeast  quarter  of  the  northwest  quarter  of  said 
section  3;  thence  east  to  a  point  176  feet  east  of  the  northeast  comer 
of  the  northwest  quarter  of  the  southwest  quarter  of  section  2, 
township  19  north,  range  11  west;  thence  south  to  a  point  on  the 
south  line  of  Baumgart's  First  Addition  to  Oaklawn  extended  east; 
thence  west  on  said  line  to  the  southwest  corner  of  said  Baumgart's 
addition;  thence  north  to  the  north  line  of  section  10,  township  19 
north,  range  11  west;  thence  west  to  a  point  eighty-eight  rods  and 
twenty-four  and  one-half  links  west  of  the  northeast  corner  of  the 
northwest  quarter  of  the  northeast  quarter  of  said  section  10;  thence 
south  along  the  west  line  of  the  Soldiers'  Home  to  the  south  line  of 
the  north  half  of  the  north  half  of  said  section  10;  thence  west  to  the 
northwest  corner  of  the  east  half  of  the  southeast  quarter  of  the 
northwest  quarter  of  said  section  10;  thence  south  along  the  west 
line  of  the  east  half  of  the  east  half  of  the  west  half  of  said  section  10 
to  the  center  of  the  public  road  that  runs  in  a  southeasterly  direction 
across  the  northeast  quarter  of  the  southwest  quarter  of  said  section 
10;  thence  southeasterly  along  the  center  of  said  road  to  the  north 
line  of  the  south  half  of  the  southwest  quarter  of  said  section  10; 
thence  east  to  the  northeast  comer  of  the  southeast  quarter  of  the 
southwest  quarter  of  said  section  10;  thence  south  to  the  southeast 
comer  of  the  southeast  quarter  of  the  southwest  quarter  of  said 
section  10;  thence  west  to  the  southwest  corner  of  the  said  section  10' 
thence  south  to  the  center  of  the  public  road  (cominonly  known  as 
~the  Perrysville  road)  running  east  and  west  through  the  north  east 
quarter  of  the  southeast  quarter  of  section  16,  township  19  north, 
range  11  west;  thence  west  along  the  center  of  said  public  road  and  on 
a  line  with  the  center  of  said  public  road  extended  west,  to  the  center 
of  the  Big  Vermilion  river;  thence  northwesterly  up  the  center  of  said 
river  to  the  center  line  of  Bowman  avenue  extended  south;  thence 
north  along  the  center  line  of  Bowman  avenue  extended  south  to  the 
center  line  of  Main  street ;  thence  northeasterly  along  the  center  line 
of  Main  street  to  a  point  directly  south  of  the  center  line  of  Griffin 
street ;  thence  north  along  the  center  line  of  Griffin  street  to  the  place 
of  beginning. 

Sixth  Ward:  Beginning  at  the  intersection  of  the  west  line  of 
section  7,  townshi]j  19  north,  range  11  west,  with  the  center  line  of 
the  public  highway  rLtnning  along  the  ^orth  side  of  the  right  of  way 
of  the  Peoria  &  Eastern  Railwa}'  (now  leased  by  the  Cleveland, 
Cincinnati,  Chicago  &  St.   Louis  Railway  Compan}-) ;  thence  east 


GENERAL    ORDINANCES  203 


along  the  center  line  of  said  highway  to  where  said  highway  turns 
south  across  said  railway;  thence  south  along  the  center  line  of  said 
highway  to  the  center  line  of  Oakwood  avenue  (in  what  is  commonly 
known  as  Vermilion  Heights) ;  thence  east  along  the  center  line  of 
said  Oakwood  avenue  to  where  the  center  line  of  Oakwood  avenue 
intersects  with  the  center  line  of  Bridge  street  extended  southwesterly; 
thence  northeasterly  along  the  center  line  of  said  Bridge  street  to 
where  the  center  line  of  Bridge  street  extended  northeasterly  inter- 
sects with  the  center  line  of  Chandler  street  extended  south;  thence 
north  along  the  center  line  of  Chandler  street  extended  south  to  the 
center  line  of  Madison  street;  thence  east  along  the  center  line  of 
Madison  street  to  the  center  line  of  Walnut  street;  thence  north 
along  the  center  line  of  Walnut  street  to  the  center  line  of  Wood- 
bury street;  thence  west  along  the  center  line  of  Woodbury  street 
to  the  center  line  of  Logan  avenue ;  thence  northerly  along  the  center 
line  of  Logan  avenue  to  the  center  line  of  Fairchild  street  extended 
west;  thence  west  along  the  center  line  of  Fairchild  street  extended 
west  to  the  west  line  of  section  6,  township  19  north,  range  11  west; 
thence  south  along  the  west  line  of  section  6  and  the  west  line  of 
section  7,  township  19  north,  range  11  west  to  the  place  of  beginning. 

Seventh  Ward:  Beginning  at  the  northwest  corner  of  section  6, 
township  19  north,  range  11  west;  thence  east  to  the  northwest  cor- 
ner .of  the  northeast  quarter  of  the  northeast  quarter  of  said  section  6; 
thence  north  to  the  northwest  corner  of  the  southeast  quarter  of  the 
northeast  quarter  of  section  31,  township  20  north,  range  11  west; 
thence  east  to  the  northeast  corner  of  the  southeast  quarter  of  the 
northeast  quarter  of  said  section  31;  thence  north  to  the  northwest 
corner  of  the  southwest  quarter  of  the  southwest  quarter  of  section 
29,  township  20  north,  range  11  west;  thence  east  to  the  northeast 
corner  of  the  southwest  quarter  of  the  southwest  quarter  of  said 
section  29;  thence  north  to  the  northwest  comer  of  the  south  half  of 
the  northeast  quarter  of  the  southwest  quarter  of  said  section  29; 
thence  east  to  the  east  line  of  the  right  of  way  of  the  Chicago  & 
Eastern  Illinois  Railroad  Company;  thence  southeasterly  along  the 
east  line  of  said  right  of  way  to  the  center  line  of  Voorhees  street 
extended  east;  thence  west  along  the  center  line  of  Voorhees  street 
extended  east  to  the  center  line  of  Section  street  extended  north; 
thence  south  along  the  center  line  of  Section  street  extended  north 
to  the  center  of  Stony  creek;  thence  southwesterly  down  said  Stony 
creek  to  the  center  line  of  Fairchild  street;  thence  west  along  the 
center  Inie  of  Fairchild  street  to  the  center  line  of  Washington,  avenue 
extended  north;  thence  south  along  the  center  line  of  Washington 
avenue  extended  north  to  the  center  line  of  Woodbury  street  ex- 
tended cast;  thence  west  along  the  center  line  of  Woodbury  street 
extended  east  to  the  center  line  of  Logan  avenue;  thence  northerly 
along  the  center  line  of  Logan  Avenue  to  the  center  line  of  Fairchild 


204  GENERAL    ORDINANCES 


street  extended  west;  thetice  west  along  the  center  line  of  Fairchild 
street  extended  west  to  the  west  line  of  section  6,  township  19  north, 
range  11  west;  thence  north  along  the  west  line  of  said  Section  6  to 
the  place  of  beginning. 


CHAPTER  IV. 
BUILDINGS. 

600.  Requirements — penalty.]  §1.  The  thickness,  strength  and 
inanner  of  constructing  stone,  brick  and  other  buildings  shall  be 
as  hereinafter  set  forth;  and  it  is  hereby  declared  to  be  unlawful  to 
erect  any  such  building  not  in  substantial  compliance  herewith,  or 
which  falls  short  of  the  standards,  or  of  any  one  or  more  of  them, 
herein  fixed;  and  likewise  it  is  declared  to  be  unlawful  to  maintain 
any  building  hereafter  erected  which  violates  said  provisions,  or  any 
one  or  more  of  them,  and  any  owner,  agent,  architect,  contractor, 
sub-contractor,  workman  or  any  other  person  who  shall  erect,  or 
after  such  erection,  shall  maintain,  or  who  shall  in  any  way  contri- 
bute to  such  unlawful  erection  or  maintenance  of  any  building 
contrary  to  such  requirements,  or  who  shall  violate  any  of  the  terms 
of  this  ordinance,  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  two  hundred  dollars,  and  shall  be  subject  to  a  like  penalty  for 
each  day  such  building  is  maintained  after  conviction;  and  any  such 
person  who  shall  fail  to  procure  a  permit  as  hereinafter  required 
before  commencing  the  construction  or  alteration  of  any  building 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  offense. 

FOrXDATIONS. 

601.  How  built — piers — columns.]  §  2.  All  fotmdation  walls, 
piers,  and  footings  shall  extend  at  least  two  (2)  feet  below  the  finished 
grade,  if  upon  unfilled  ground,  and  shall  be  of  the  thicknesses,  mater- 
ials, and  workmanship  hereinafter  specified  as  to  basement  walls, 
and  below  the  surface  of  the  ground  shall  be  laid  in  cement  mortar. 
No  foundation  wall  shall  be  built  on  filled  ground  without  carrying 
the  footings  down  to  the  solid  earth,  except  for  frame  buildings  not 
over  two  stories  in  height.  In  the  case  of  isolated  brick  piers,  the 
proportion  of  the  least  side  or  diameter  to  the  height  shall  not  exceed 
1  to  8,  without  being  anchored,  stayed  or  tied  by  beams  or  girders  in 
at  least  two  directions  at  right  angles  to  each  other.  All  brick  piers 
and  buttresses  shall  be  bonded  with  through  courses,  leveled  and 
bedded  in  each  course.  Wooden  coluinns,  having  more  than  thirty- 
six  (36)  square  inches  cross  sectional  area,  shall  be  set  on  suitable  iron 
or  steel  bearing  plates  with  firm  anchorage  to  same. 


GENERAL    ORDINANCES  205 


WALLS. 

602.  Materials  and  workmanship.]  §  3.  All  walls,  including 
foundations  built  of  stone,  brick  or  other  similar  material,  shall  be 
built  to  a  line,  and  carried  up  plumb  and  straight,  and  shall  be  laid 
in  lime  or  cement  mortar,  and  shall  be  properly  bonded  and  solidly 
put  together  with  close  joints.  Every  sixth  course  shall  be  headers, 
and  all  walls  shall  be  securely  anchored  at  distances,  jiot  exceeding 
eight  feet,  to  the  timbers,  and  joists  resting  upon  them.  Where 
brick  are  used,  they  shall  be  hard  and  well  burned,  and  no  swelled, 
refused,  soft  or  salmon  brick  shall  be  used.  Where  walls  are  faced 
with  brick  in  running  bond,  every  sixth  course  shall  be  bonded  into 
the  backing  by  cutting  the  course  of  face  brick  and  putting  clipped 
headers  behind  the  same,  or  by  splitting  the  face  brick  in  half  and 
backing  the  same  with  a  continuous  course  of  headers,  or  every  ■ 
alternate  brick  in  every  fourth  course  shall  be  tied  in  with  a  heavy 
copper  or  galvanized  iron  wall  tie  approved  by  the  city  building 
inspector.  If  laid  in  non-freezing  weather,  the  brick  shall  be  well 
wet  immediately  before  being  laid.  In  the  construction  no  side  wall 
shall  be  carried  up  in  advance  of  the  rear  wall.  All  walls  shall  be 
securely  braced  during  the  process  of  erection.  As  soon  as  the 
wall  reaches  the  grade  of  the  street  or  lot,  the  space  on  the  outside 
shall  be  filled  up  in  a  substantial  manner,  and  the  paving,  if  any 
has  been  disturbed,  shall  be  replaced — the  space  being  first  thor- 
oughly grouted. 

603.  Thickness.]  §  4.  All  walls  for  business  buildings  of  brick 
or  stone,  shall  be  of  a  thickness,  in  inches,  not  less  than  is  designated 
by  the  following  table,  viz: 


206 


GENERAL    ORDINANCES 


BUSINESS  BUILDINGS. 


CQ    I    :^ 


u 

o 


u 
O 
■i-> 

CO 


o 
CO 


Inclosing  Walls. 

One-stor>'  building 

Two-story  building 

Three-story  building.  .  : 

Four-story  building 

Five-story  building 

Six-story  building 

Seven-story  building 


Division  or  Party  Walls. 

For  two-story  building 

For  three-story  building 

For  four-story  building 

Five-story  building 

Six-story  building 

Seven-story  building 


Front  and  Rear  Walls,  if  Not  Used 
for  Bearing. 

Four-story  building 

Five-story  building 

Six-story  building .  .  . 

Seven-story  building 


12 
16 


24 
28 


12 
12 


16  16 

20  16 

24  20 

24  20 

28  28 


Cross-Partition  Walls. 

One-story  building •    12 

Two-story  building 16 

Three-story  building ;   16 

Four-story  building I  20 

Five-story  building 20 

Six-story  building 24 

Seven-story  building 24 


20  :  16 
24     20 


20 
24 


20  16 
20  !  20 
24  20 
24      20 


12 
12 
16 
16 
20 
20 


12 
12 
16 


20      20 
24      20 


12 
12 
16 
16 
20 
20 


12 
12 
16 
16 
20 


12 
12 
16 
20 


12 
12 
16 
16 
20 


12 
12 
16 
20 


12 
16 
16 


12 
12 
16 
16 


12 
12 
16 
16 


12 
12 
16 


12 
12 
16 
16 


12 
12 
16 


12 
12 


12 
12 


12 
12 
16 


12 
12 


GENERAL    ORDINANCES 


207 


All  walls  for  dwelling  houses,  or  for  dwelling  and  business  purposes 
combined,  shall  be  of  a  thickness,  in  inches,  not  less  than  is  designated 
l3y  the  following  table,  viz: 


DWELLINGS. 


Inclosing  Walls. 

One-story  building 

One-story  and  basement 

Two-story  building 

Three-story  building 

Over  three  stories 


Division  Walls. 


Two-story  building.  . 
Three-story  building. 
Over  three  stories .  .  . 


Combination  Dwelling  and  Business — Inclosing. 

Two  story  building 

Three  story  building 

Four  stories  and  over 


12 

12 

8 

16 

12 

12 

16 

16 

12 

12 

12 

8 

12 

12 

12 

16 

16 

12 

12 

12 

8 

16 

12 

12 

20 

16 

12 

Division  Walls. 

Two-story  building 

Three-story  building 

Pour  stories  and  over 


12 


12 


12 


604.  Increase  or  decrease  of  thickness.]  §  5.  If  the  walls 
aforesaid  shall  be  required  to  support  trusses  or  heavy  girders  they 
shall  be  reenforced  under  the  bearing  of  the  truss  or  girder  with 
pilasters  having  a  cross  sectional  area  sufficiently  large  so  that  the 
masonry  will  not  be  subjected  to  a  greater  compressive  stress  than 
twelve  (12)  tons  per  square  foot  up  to  a  height  of  wall  of  fifteen  (15) 
feet,  and  eight  (8)  tons  per  square  foot  if  the  height  of  wall  is  over 
fifteen  (15)  feet.  In  all  calculations  for  the  thickness  of  walls,  accord- 
ing to  the  given  tables,  the  height  of  the  stories  shall  not  be  taken  as 
exceeding  eighteen  feet  in  the  clear  for  the  first  story,  and  fourteen 
(14)  feet  in  the  clear  for  the  second  story,  and  thirteen  (13)  feet  in 


208  GENERAL    ORDINANCES 

the  clear  for  all  stories  above,  except  for  the  top  story  where  the  roof 
of  the  building  forms  the  ceiling  of  this  story,  the  walls  may  be  sixteen 
(16)  feet  high  in  the  clear.  Should  any  story  exceed  the  heights  here 
given,  such  story  must  be  considered  as  two  (2)  or  more  stories  in 
height.  Two  story  single  residences,  having  a  ground  floor  area  of 
not  over  one  thousand  (1,000)  square  feet,  having  flat  roofs,  may 
have  eight  (8)  inch  outside  masonry,  walls  on  a  twelve  (12)  inch  thick 
foundation  wall  up  to  the  first  floor  level,  provided,  however,  that 
said  outside  walls  do  not  exceed  fifty  (50)  feet  in  length.  One  story 
buildings,  having  no  one  wall  more  than  twelve  (12)  feet  high,  above 
the  grade,  nor  more  than  twenty-five  (25)  feet  long,  may  have  walls 
of  brick,  concrete,  or  hollow  terra  cotta  building  blocks,  eight  (8) 
inches  in  thickness,  but  all  such  walls  must  have  twelve  (12)  inch 
thick  foundations  up  to  the  first  floor  level,  and  should  these  buildings 
have  sloping  roofs  falling  more  than  three  (3)  inches  in  one  foot,  the 
eight  (8)  inch  walls  must  have  piers  or  buttresses. 

605.  Veneered  buildings.]  §  6.  All  buildings  hereafter  con- 
structed, which  shall  be  veneered  with  brick  or  other  material,  shall 
have  a  foundation  not  less  than  twelve  inches  in  thickness  in  the  case 
of  buildings  not  more  than  two  stories  high,  and  not  less  than  sixteen 
inches  in  thickness  in  the  case  of  buildings  more  than  two  stories 
high,  and  no  building  to  be  used  for  any  purpose  shall  have  a  founda- 
tion less  than  eight  inches  in  thickness  in  the  case  of  buildings  less  than 
two  stories  high,  nor  less  than  twelve  inches  in  thickness  in  the  case 
of  buildings  more  than  two  stories  high. 

606.  Stone  facing.]  §  7.  Stone  used  for  the  facing  of  any  build- 
ing, and  known  as  Ashlar,  shall  not  be  less  than  four  (4)  inches  thick. 
Stone  ashlar  shall  be  well  anchored  to  the  backing,  and  the  backing 
shall  be  of  such  thickness  as  to  make  the  walls  independent  of  the 
ashlar,  conforai  in  thickness  with  the  requirements  of  this  ordinance. 
Should  the  ashlar  be  not  less  than  eight  (8)  inches  thick  and  bonded 
into  the  backing,  it  may  be  counted  as  part  of  the  thickness  of  the 
wall. 

607.  Openings.]  §  8.  If  an  opening  is  hereafter  cut,  or  is 
hereafter  constructed  in  a  party  or  division  wall,  the  top,  bottom  and 
sides  shall  be  of  stone,  brick  or  iron,  and  such  opening  shall  be  fitted 
with  two  doors  or  sets  of  doors,  of  wrought-iron  or  metal  covered, 
which  shall  be  kept  closed  at  night;  such  openings  shall  not  exceed  in 
size  eight  by  ten  feet. 

608.  Fire  Walls.]  §  9.  If  the  building  is  of  brick  or  stone  and 
has  a  flat  roof,  the  side  walls  shall  extend  at  least  two  (2)  feet  above 
the  roof,  not  less  in  thickness  than  the  wall  in  the  last  story,  and  shall 
have  a  coping  of  incombustible  materials,  and  the  division  walls 
shall  be  carried  up  flush  with  the  upper  edge  of  the  roof  joists  and  the 


GENERAL    ORDINANCES  209 

sheathing  boards  shall  be  bedded  in  mortar.  Where  the  roof  is  not 
flat,  the  walls  and  division  walls  shall  be  carried  up  flush  with  the 
upper  edge  of  the  rafters,  and  the  sheathing  boards  shall  be  bedded 
in  mortar. 

609.  Hollow  walls.]  §  10.  Where  the  wall  is  not  used  as  a 
bearing  wall,  it  may  be  hollow,  but  in  such  case  it  shall  be  bonded  or 
tied  together  with  incombustible  anchors  at  distances  not  exceeding 
three  feet  apart. 

610.  Projections.]  §  11.  No  part  of  the  face  of  the  wall  of  the 
building,  nor  any  pilaster  or  column,  shall  project  beyond  the  building 
line,  above  the  water  table,  unless  it  be  merely  the  part  of  a  window 
or  portico  or  window  dressing. 

611.  Recesses.]  §  12.  No  continuous  vertical  recess  chase  or 
any  flue  shall  be  constnicted  in  any  wall  so  as  to  leave  the  thickness 
back  of  the  same  less  than  eight  inches,  nor  shall  the  same  be  nearer 
together  than  seven  feet. 

612.  Division  walls.]  §  13.  All  non-fireproof  buildings,  of  what- 
ever materials  constructed,  shall  have  a  brick,  concrete,  or  stone 
division  wall,  at  least  for  every  fifty  feet  of  their  width,  which  wall 
shall  extend  through  the  entire  length  of  the  building  and  from  the 
bottom  to  the  top  as  specified  under  "Fire  Walls."  And  Hkewise 
the  stairways  in  all  flat,  tenement,  or  lodging  house  buildings,  over 
two  (2)  stories  in  height,  shall  be  enclosed  in  walls  of  brick,  concrete, 
stone,  or  other  recognized  fireproof  materials 

ROOFS. 

613.  Mansard.]  §  14.  ,  All  mansard  or  other  roofs  on  a  brick  or 
stone  building,  having  a  greater  inclination  than  sixty-five  (65) 
degrees,  shall  be  rendered  fire-resisting  by  placing  a  fireproof  coating, 
one  (1)  inch  thick,  on  top  of  the  sheathing,  under  the  incombustible 
weather  covering  of  such  roof.  Wood  strips  one  (1)  sc(uare  inch,  or 
less  in  cross  sectional  area,  may  be  used  to  receive  the  fastenings  of 
the  slate,  tile,  or  metallic  roofing. 

614.  Fire-proof — cornices.]  §  15.  Where  the  building  is  located 
in  the  fire  limits  the  roof  shall  be  constructed  of  slate,  tile,  tin  or 
of  other  metallic  substance,  or  of  any  incombustible  material,  in- 
cluding what  is  known  as  composition  roofing  covered  with  gravel; 
and  all  cornices,  gutters  and  eaves  shall  be  made  of  incombustible 
materials.  Such  cornices,  if  metal,  shall  be  supported  by  iron 
brackets,  firmly  imbedded  in  the  wall.  Cornices  constructed  of 
stone  and  all  projecting  courses  of  stone  must  have  sufficient  bearing 
on  the  wall  to  bring  the  center  of  gravity  at  least  two  inches  on  the 
wall. 


210  GENERAL    ORDINANCES 


615.  Bracing.]  §  16.  All  roofs  shall  be  secured  braced  with 
braces,  tics  and  cross-ties,  so  as  to  secure  strength  in  resisting  storms 
and  so  as  to  prevent  immediate  collapse  in  case  of  fire. 

616.  Scuttle-holes.]  §  17.  All  fiat  roofs  shall  be  so  constructed 
as  to  be  readied  by  a  scuttle,  at  least  twenty  by  thirty  inches  in  size, 
and  which  shall  ha\'c  a  stationary  ladder  or  stairway  attached  thereto. 

617.  Sky-lights.]  §  18.  All  sky-lights  exceeding  fifty  superficial 
feet,  if  set  in  wood,  shall  be  entirely  enveloped  in  galvanized  iron. 

MISCELLANEOUS. 

618.  Chimneys.]  §  19.  All  chimneys  shall  rest  upon  the  ground, 
on  solid  foundations,  and  shall  have  walls  not  less  than  eight  (8) 
inches  thick,  but  this  may  be  reduced  to  four  (4)  inches  if  the  chimney 
is  lined  with  fire  clay  flue  lining  from  a  point  two  (2)  feet  below  the 
smoke  inlet.  If,  however,  the  cross  sectional  area  of  the  flue  exceeds 
one  hundred  fifty  (150)  square  inches,  the  walls  must  be  at  least  eight 
(8)  inches  thick.  Chimneys  subject  to  excessive  heat  from  steam 
boilers,  smelting  furnaces,  etc.,  shall  be  lined  with  fire  brick  laid  in 
fire  clay  for  not  less  than  twenty-five  (25)  feet  in  height  measuring 
from  the  bottom  of  the  breeching  opening.  Walls  of  chimneys, 
carr\nng  flues  from  smelting  furnaces  and  high  pressure  steam  boilers 
and  other  apparatus  of  high  temperature,  shall  be  built  double,  with 
an  air  space  between.  The  thickness  of  all  chimney  walls  shall  be 
sufficient  to  meet  all  of  the  requirements  of  temperature,  direct  load- 
ing, and  wind  pressure.  No  chimney  shall  be  constructed  with  a 
smoke  flue  having  less  than  sixty-four  (64)  square  inches  as  the  area 
of  its  minimum  cross-section.  Flues  for  gas  stoves  and  gas  grates 
may  be  twenty-eight  (28)  square  inches  as  the  area  of  minimum 
cross-section.  Sheet  metal  smoke  flues,  enclosed  in  vent  flues,  are 
prohibited.  The  use  of  metal  pipes,  whether  single  or  double,  as 
chimney  flues,  are  prohibited.  No  chimney  shall  be  less  than  four 
(4)  feet  above  the  parapet  walls  on  flat  roofs,  nor  less  than  three  feet 
above  ridges  of  pitch  roofs.  No  chimneys  connected  to  iron  cupolas 
of  foundries,  or  of  similar  service,  shall  extend  less  than  fl.fteen  (15) 
feet  above  the  highest  point  of  any  roof  within  a  radius  of  one  hun- 
dred (100)  feet.  Chimneys  shall  be  finished  on  top  with  blocks  of 
stone,  terra  cotta,  or  concrete,  or  with  cast  iron  plates,  except  that 
for  dwellings  and  stables  not  more  than  three  (3)  stories  high,  they 
may  be  topped  out  with  brick  masonr3^  carefully  bonded  together  and 
having  the  six  (6)  top  courses  laid  in  cement  mortar.  No  brick 
chimney,  except  in  one  story  cottages,  shall  be  built  on  a  wooden 
support.  Piers,  carrying  chimneys,  shall  be  as  large  on  all  sides  as  the 
chimney,  from  the  foundation  of  the  pier  to  the  bottom  of  the  chim- 
ney. If  the  sides  of  a  chimney  are  increased  above  its  footing,  the 
overhanging  part  shall  be  substantially  supported  on  beams,  struts 


GENERAL    ORDINAXCEo  211 

or  arches  made  of  iron,  steel  or  masonry.  A  chimney  may  be  par- 
tially supported  by  a  masonry  corbel  shelf  on  the  side  of  a  wall,  but 
the  corbel  shall  be  twice  as  high  as  the  projection. 

619.  Floor  beams — clear  of  flue.]  §  20.  All  floor  beams,  joists 
and  headers  shall  be  kept  at  least  four  inches  clear  of  any  wall  inclos- 
ing a  fire  flue,  and  such  flue  shall  be  covered  with  a  heavy  coat  of 
plaster  before  any  wood- work  is  placed  against  it. 

620.  Hearths  and  fire-places.]  §  21.  All  hearths  shall  rest  on 
trimmer  arches — the. header  to  be  kept  at  least  eighteen  inches  from 
the  chimney.  The  back  of  every  fire-place  shall  be  at  least  eight 
inches  t-hick. 

HEATING. 

621.  Hot-air  furnaces.]  §  22.  All  hot-air  furnaces,  either 
portable  or  brick-set,  shall  be  kept  at  least  eight  inches  from  the 
joist.  Portable  cased  furnaces  shall  have  the  top  concaved  at  least 
three  inches  deep  and  top  filled  with  sand;  brick-set  shall  have  two 
layers  of  brick  over  top  of  furnace,  laid  and  bedded  in  mortar.  The 
joist  over  top  of  furnace  shall  be  covered  with  corrugated  iron  or 
other  metal,  and  all  smoke-pipes  within  twenty  inches  of  the  joist 
shall  be  protected  with  corrugated  iron  or  other  metal.  All  furnaces 
shall  be  placed  on  foundations  of  brick,  stone  or  cement.  All  risers 
or  stacks  placed  between  partitions  shall  be  made  double,  with  one- 
fourth-inch  air  space  between  the  two  thicknesses  of  tin.  All  base- 
ment hot-air  pipes  and  register  boxes  shall  be  made  of  I  C  or  I  X 
bright  tin,  wrapped  with  one  layer  of  asbestos  paper.  All  hot-air 
registers  set  in  first  floor  shall  be  set  in  incombustible  borders,  or  if 
border  is  left  off,  the  opening  shall  be  lined  with  two  layers  of  as- 
bestos paper  and  one  layer  of  tin.  All  first  floor  side  wall  registers 
shall  be  set  in  double  register  boxes,  connected  with  double  boots. 

622.  Steam  pipes.]  §  23.  Steam  pipes  shall  be  kept  at  least  one 
quarter  of  an  inch  from  all  woodwork.  No  pipes  shall  be  laid  into 
the  joists  or  beams  of  any  floor  to  a  greater  depth  than  two  inches  and 
not  more  than  two  feet  from  the  ends  of  the  joists  or  beams. 

623.  Boiler  rooms.]  §  24.  The  VN^ood-'.vork  of  all  boiler  houses 
and  boiler  rooms  shall  be  kept  at  least  six  feet  from  the  boiler  and 
tour  feet  from  the  breeching  or  smoke  conductor  and  oi^e  foot  from 
the  dome  of  the  boiler,  unless  '^uch  wood  work  i-;  properly  protected 
with  incombustible  material,  and  then  there  shall  be  at  least  two 
feet  space  from  the  boiler  or  smoke-pipe  and  the  protection.  No 
brick  oven,  coffee  roaster  or  any  like  structure  to  contain  fire  shall  be 
erected  or  permitted  on  a  wooden  floor  of  any  building.  The  floors 
of  all  rooms,  when  containing  stationary  boilers,  shall  be  made  of' 
incombustible  materials,  five  feet  on  all  sides  and  at  least  eight  feet 
in  front  of  any  boiler. 


212  GENERAL    OKUINAMKS 


FLOORS,  ETC. 

624.  Floors.]  §  25.  All  floors  shall  be  constructed  to  bear  a 
safe  weight  i^cr  superficial  foot,  exclusive  of  material,  as  follows: 
For  dwellings,  tenement  or  lodging  houses,  eighty  pounds;  for 
buildings  intended  for  light  mechanical  purposes  and  public  buildings, 
one  hundred  and  fifty  pounds;  for  storehouses,  warehouses,  machine 
shops,  armories,  drill  roooms  and  other  similar  buildings,  two  hundred 
and  fifty  pounds.  These  requirements  shall  apply  to  all  alterations 
as  well  as  new  buildings.  In  buildings  of  three  stories  or  more  in 
height  the  floors  shall  have  one  inch  of  mortar,  or  its  equivalent,  im- 
mediately- below  the  surface. 

625".  Joists.]  §  26.  Where  joists  enter  a  brick  wall  they  shall 
be  so  cut  as  not  to  disturb  the  brick-work  by  any  deflection  or 
breaking,  and  where  placed  in  a  party  or  division  wall  there  shall 
be  at  least  four  inches  of  solid  brick-work  between  the  ends.  Joists 
shall  be  of  proper  dimensions  to  sustain  the  load  to  be  placed  on  the 
floor,  and  shall  be  bridged  with  cross-bridging.  Headers  in  floor- 
framing  in  business  buildings,  placed  more  than  two  feet  from  the 
end  of  a  trimmer,  shall  be  supported  by  an  iron  stirrup. 

626.  Partitions.]  §  27.  In  brick  .  or  stone  buildings  plank 
or  board  partitions  shall  not  aggregate  on  any  one  floor  more  than 
one  hundred  and  fifty  superficial  feet,  measuring  on  one  side.  In 
tenement  buildings  they  shall  be  made  of  scantling,  lathed  and  plas- 
tered on  both  sides,  and  shall  be  filled  with  brick-work  at  least  eight 
inches  above  the  floor. 

627.  Bracing  of  walls.] — frame  buildings  §  28.  All  walls  in 
frame  buildings,  both  exterior  and  partition,  shall  be  securely  braced, 
and  shall  be  bridged  at  least  once  in  every  nine  feet  of  their  height 
with  material  two  inches  thick,  of  the  same  width  as  the  studding,  so 
as  to  prevent  forming  a  draft  or  flue  in  case  of  fire. 

628.  Stand  pipes.]  §  29.  All  building,  over  three  stories  in 
height,  shall  have  a  three-inch  wrought  iron  stand  pipe,  located  at 
some  convenient  place,  connected  with  the  water  mains,  with  coupl- 
ings on  each  floor,  and  two  and  one-half  inch  hose  attached  on  each 
coupling  for  immediate  use. 

FIRE    ESCAPES. 

629.  Number  and  location.]  §  30.  All  buildings  now  ex- 
isting, and  such  as  may  be  hereafter  built,  more  than  two  stories  in 
height,  used  for  manufacturing  purposes,  for  hotels,  dormitories, 
schools,  seminaries,  hospitals  or  asylums,  shall  have  at  least  one 
fire  escape  for  every  fifty  persons  for  which  working,  sleeping  or 
living    accommodations    are    provided    above    the    second    stories 


GENERAL    ORDINANCES  213 


of  such  building;  and  all  buildings  three  or  more  stories  in  height, 
excepting  such  as  are  used  for  private  dwellings  exclusively,  but 
including  flats  and  apartment  buildings  and  all  theaters  and  public 
halls  which  provide  seating  room  above  the  first  floor,  shall  be  pro- 
\'ided  with  at  least  one  fire  escape  for  every  story  above  the  first. 
Such  fire  escape  shall  consist  of  metallic  ladders  or  stairs,  and  shall 
be  attached  to  the  outer  walls,  and  extending  from  or  suitably  near 
the  ground  to  the  uppermost  story,  and  above  the  roof,  and  have 
platfomis  of  such  form  and  dimensions  and  in  such  proximity  to 
one  or  more  windows  of  each  story  above  the  first  as  to  render  access 
easy  and  safe. 

630.  -  Hoistway  openings.]  §  31.  All  openings  in  floors  used  as 
hoistways,  without  elevators,  shall  have  trap-doors,  covered  with 
metal  on  the  under  side,  and  while  open  shall  be  guarded  with  a 
sufficient  fence  or  gate  to  protect  persons  from  falling  therein. 

631.  Elevators.]  §  32.  All  elevators,  in  fireproof  buildings  used 
for  carrying  passengers,  shall  have  elevator  shafts  surrounded  by 
vertical  enclosures,  to  be  made  flush  with  the  floor  opening  at  each 
story  and  have  doors  at  every  shaft  opening.  This  enclosure,  which 
may  be  in  the  nature  of  a  grille,  must  be  of  fireproof  materials  and 
must  be  continuous  from  floor  to  ceiling  on  the  open  side  of  the  car. 
From  the  top  floor,  a  height  of  seven  (7)  feet  six  (6)  inches  will  be 
sufficient  for  such  enclosure.  On  every  other  side  of  the  car  the 
enclosure  shall  not  be  less  than  six  (6)  feet  six  (6)  inches  in  height. 
In  all  other  buildings  the  shaft  enclosure  must  be  a  solid  wall  and 
continuous  from  floor  to  ceiling  on  every  side  and  must  be  made  of  a 
fireproof  material,  not  less  than  four  (4)  inches  thick,  or  of  a  steel 
fraine  and  wire  glass,  or  both  in  combination.  Doors  must  be  solid 
and  sliding.  In  all  cases  shaft  walls  must  extend  above  the  roof  of 
the  building  at  least  three  (3)  feet,  and  the  elevator  pent  house,  in- 
cluding the  roof,  must  be  made  of  fireproof  materials,  and  the  pent 
house  must  be  well  lighted.  All  freight  elevator  shafts  in  a:ll  build- 
ings shall  be  protected  and  enclosed  on  all  floors  by  a  substantial 
framework  not  less  than  six  (6)  feet  in  height.  Should  the  freight 
elevator  shaft  extend  through  more  than  two  stories,  it  shall  have 
the  shaft  enclosure  made  of  fireproof  materials  not  less  than  four 
(4)  inches  thick,  and  have  standard  fire  doors:  Provided,  however, 
that  in  the  case  of  buildings  devoted  exclusively  to  the  sale,  storage, 
or  manufacture  of  merchandise,  freight  elevators,  extending  through 
not  more  than  two  (2)  stories,  may  be  built  without  solid  enclosing 
walls. 

632.  Space  under  sidewalks.]  §  ?>?).  Any  person  desirous  of 
utilizing  the  space  under  the  sidewalks  in  front  of  any  building 
owned  by  him  shall  construct  a  sufficient  stone  or  hard-burnt  brick 
wall  to  retain  the  roadwav  of  the  street,  and  shall  extend  the  side- 


214  GENERAL    ORDINANCES 


walks,  division  and  party  walls  of  such  building  under  the  sidewalk 
to  such  curb  wall;  the  sidewalk  in  all  such  cases  shall  be  incombusti- 
ble material  entire,  supported  by  walls  or  iron  beams  and  columns; 
opcninji[s  in  such  walls  for  the  admission  of  coal  or  light  shall  be 
covered  with  prismatic  lights  in  iron  frames,  or  with  iron  covers 
having  a  rough  surface,  and  in  no  case  will  a  smooth  surface  be  per- 
mitted on  any  such  cover.  In  all  cases  where  the  sidewalks  are  to  be 
thus  use(t  a  permit  shall  be  first  obtained  from  the  superintendent 
of  buildings;  such  permit  shall  specify  the  details  of  such  construction, 
and  shall  Ijc  a])])roved  by  the  superintendent  of  buildings. 

633.  Use  of  street  while  building  is  under  construction.]     §  34. 

The  occupation  of  any  street  or  sidewalk  during  the  progress  of 
building,  alteration  or  repairs  is  hereby  restricted  as  follows:  To  a 
si^ace  immediately  in  front  of  the  premises,  covering  the  nearest 
sidewalk  and  not  more  than  one-third  of  the  roadway,  if  without  the 
fire  limits;  if  within  the  fire  limits,  the  nearest  sidewalk  and  no  more, 
or  one-third  of  the  street,  measuring  from  the  nearest  curb,  as  pre- 
ferred by  the  petitioner.  If  the  sidewalk  be  not  used,  tlie  superin- 
tendent of  buildings  shall  require  the  walk  to  be  substantially  and 
securely  covered  while  work  is  going  on,  and  no  gutter  shall  be  so 
obstructed  as  to  hinder  the  free  flow  of  water  therein.  Before  any 
sidewalk  or  street  shall  be  so  used  a  permit  must  be  obtained  from  the 
superintendent  of  buildings,  and  if  the  portion  so  sought  to  be  used 
shall  lie  within  the  fire  limits,  no  such  pennit  shall  be  valid  until 
approved  by  the  city  council,  and  the  person  to  whom  issued  shall 
have  filed  with  the  city  clerk  his  bond,  with  at  least  one  good  and 
sufficient  surety,  conditioned  for  the  faithful  compliance  with  the 
terms  of  said  permit  and  with  all  the  ordinances  of  the  city;  that  the 
applicant  will  pay  all  damages  to  an}^  property  or  person  injured  by 
the  act  or  neglect  of  the  applicant  and  of  his  agents,  employes  and 
representati\'es  in  such  use  of  such  sidewalk  and  street;  and  that  he 
will  yield  up  without  delay  such  sidewalks  and  streets  in  the  like 
good  condition  in  which  they  were  taken.  If  practicable,  a  sidewalk 
or  passageway  not  less  than  four  feet  wide  shall  be  maintained  at  all 
times  while  such  pennit  is  in  force. 

634.  Plumbing.]  §  35.  All  plumbing,  sewers  and  house  drains 
shall  conform  to  the  requirements  of  the  plumbing  ordinances  of  this 
city. 

635.  Veneered  buildings.]  §  36.  What  is  known  as  a  veneer- 
ed building  may  be  erected  outside  the  fire  limits,  for  use  only  for 
residence  purposes. 

FIRE-PROOF  BUILDING,-.. 

636.  Fire-proof  buildings.]  §  37.  AH  buildings  with  a  heigh; 
from  the  level  of  the  sidc'valk  to  the  iiighcst  point  on  the  ^oof  of 


GENERAL    ORDINANCES  »  215 


eighty  feet,  and  all  theaters  and  public  halls  with  a  seating  capacity 
of  thirteen  hundred  or  more,  and  all  hotels,  lodging  and  tenement 
houses,  four  stories  or  more  in  height,  shall  be  built  fire-proof—  that 
is  to  say,  shall  be  constructed  with  walls  of  brick,  stone,  iron  or  other 
hard,  incombustible  materials,  in  which  timber  lintels  or  other  bond 
timbers  sliall  not  be  placed,  and  in  wliich  the  floors  and  roofs  shall  be 
of  materials  simila.-  to  the  wallb.  The  stairs  and  stair-case. landings 
shall  be  built  entirely  of  brick,  stone,  iron  or  other  hard,  incombustible 
materials.  No  wood- work  or  other  inflammable  materials  shall  be 
used  in  any  of  the  partitions,  furrings  or  ceihngs  in  any  such  fire- 
proof buildings,  excepting,  however,  that  the  doors  and  window- 
frames,  chc  trims,  casin_gs,  the  interior  finish  and  the  floor-boards  and 
the  sleepers  directly  thereunder  may  be  of  wood,  in  the  case  of 
fire-proof  skeleton  construction,  where  curtain  walls  are  employed, 
the  thicknes.^  of  the  walls  may  be  reduced  from  the  thicknesses  given 
in  the  tables  of  thickness  of  walls.  The  columns  and  girders,  how- 
ever, supporting  the  curtain  walls,  must  be  of  sufficient  strength  for 
this  purpose,  without  reliance  upon  the  wall  below. 

THEATERS,  ETC. 

637.  Theaters,  etc.]  §  38.  Every  theater,  opera  house,  church, 
Jiall  or  building  intended  as  a  place  for  public  assemblages,  here- 
after built,  shall  conform  to  the  following  requirements:  The 
floor  shall  be  laid  on  a  coat  of  mortar  not  less  than  one  inch  thick. 
No  stairway  .shall  rise  more  than  ten  feet  without  a  platform,  and 
no  winders,  wheeling  or  circular  steps  shall  be  used.  The  width  of 
the  stairway  shall  be  not  less  than  five  feet,  and  there  shall  be  on 
each  side  a  strong  hand-rail.  There  shall  be  at  least  two  separate 
exits.  The  exits  from  all  galleries  shall  be  independent  of  the  exit 
from  the  main  room.  In  all  such  buildings,  except  churches,  the 
word  "exit"  shall  be  posted  conspicuously  over  every  avenue  of 
egress.  The  proscenium  wall  shall  be  of  brick,  and  not  less  than  six- 
teen inches  thick  and  shall  extend  to  the  roof.  The  curtain  opening 
shall  be  fi'tted  with  an  asbestos  curtain.  The  stage  shall  be  entirely 
shut  off  from  the  auditorium.  There  shall  be  placed  over  the  stage 
a  ventilator  so  arranged  as  to  automatically  open  in  case  of  fire.  In 
theaters  and  0|3era  houses  'the  partition  walls  shall  be  made  fire- 
proof, and  where  intended  to  accommodate  one  thousand  or  more 
people  the  main  floor  shall  not  be  over  sixteen  feet  above  the  level 
of  the  street;  and  such  theaters  and  opera  houses  shall  have  at  least 
two  standpipes  attached  to  the  water  mains — one  to  be  placed  on 
the  stage  and  one  in  the  auditorium,  to  which  hose  shall  be  con- 
stantly kept  attached,  in  good  order  and  condition,  and  of  sufficient 
length  to  reach  all  parts  of  the  building.  Where  the  building  has 
a  seating  capacity  of  over  one  thousand,  there  shall  be  a  fire-alarm 
system  maintained,  connecting  with  the  city  fire  departments,  and 


216  GENERAL   ORDINANCES 


dtirir<>;  all  entertainments  a  fireman  shall  be  kept  on  duty :  Provided, 
also,  that  every  theater,  0]:;era  house,  ehurch,  hall  or  building  in- 
tended as  a  plaee  for  publie  assemblages,  already  built,  shall,  within 
thirty  days  after  this  date,  be  ehanged  so  as  to  conform  to  the  re- 
f.iuiremcnts  aforesaid,  exeept  that  it  shall  not  be  required  to  rebuild 
the  floors,  proscenium  wall,  partitions  or  stairs. 

REPAIRS  AND  ADDITIONS. 

638.  Conditions  of  making.]  §  39.  Outside  of  the  fire  Hmits, 
any  existing  building  may  be  repaired  without  a  pennit,  provided 
the  rcjjair  or  addition  to  be  made  will  not  increase  the  height  or 
the  area  of  the  building,  or  change  the  heating  appliances,  the  plumb- 
ing, the  outside  walls,  chimneys,  or  the  roof;  and  in  all  cases  of 
buildings  outside  of  the  fire  limits  where  the  height  or  area  of  the 
building,  the  heating  appliances,  the  plumbing,  the  outside  walls, 
chimneys,  or  the  roof,  or  any  of  them,  are  affected,  a  permit  must 
be  obtained,  and  such  repairs  and  additions  must  conform  in  charac- 
ter to  the  requirements  as  to  new  buildings;  and  where  any  building 
is  located  within  the  fire  limits,  no  rej^airs  or  alterations  whatever 
shall  be  made  without  a  permit. 

639.  Use  of  party  wall.]  §  40.  Any  party  wall  now  existing 
that  shall  have  been  built  confomiably  to  the  requirements  of  the 
ordinance  regulating  the  construction  of  such  walls,  and  in  force  at 
the  time  of  such  construction,  if  sound  and  in  good  condition,  may  be 
used  in  the  construction  of  an  adjoining  building:  Provided, 
however,  that  no  brick-work  shall  be  placed  on  such  wall  to  give 
additional  height  to  the  wall  unless  the  thickness  of  the  old  wall  in 
each  story  shall  at  least  equal  the  thickness  required  for  division 
walls.  This  shall  apply  in  all  cases  where  it  is  desired  to  give  ad- 
ditional height  to  any  business  building.  In  case  of  outside  walls  of 
any  business  building  being  built  against  the  walls  of  any  old  build- 
ing (not  being  a  party  wall),  the  new  wall  shall  be  of  the  same  thick- 
ness required  for  outside  walls  in  such  building. 

640.  Increasing  height.]  §  41.  Whenever  it  is  sought  to  in- 
crease the  height  of  any  building  beyond  the  height  for  which  the 
original  permit  was  granted,  the  thickness  of  the  walls  thereof  shall 
also  be  increased  in  accordance  with  the  above  table,  but  no  addi- 
tional height  shall  be  added  until  a  permit  is  granted  for  the  same. 

FIRE  LIMITS. 

641.  Defined.]  §  42.  The  fire  Hmits  of  this  city  shall  embrace 
the  following  described  territory,  viz: 

Beginning  at  the  point  of  the  intersection  of  the  center  line  of 
College  street  and  the  center  line  of  vSouth  street;  thence  west  along 
the  center  line  of  South  street,  and  South  street  extended  west,  to  the 


GENERAL   ORDINANCES  217 


center  of  the  Vermilion  ri\-er;  thence  up  the  stream  of  said  river, 
along  the  center  line  of  said  river,  to  its  intersection  with  the  center 
line  of  Gilbert  street  extended  south;  thence  north  along  the  center 
line  of  Gilbert  street  extended  south,  and  Gilbert  street,  to  the  center 
line  of  North  street;  thence  east  along  the  center  line  of  North  street 
to  a  point. directly  south  of  the  center  line  of  Payne  avenue;  thence 
north  along  the  center  line  of  Payne  avenue  to  the  center  line  of 
Harrison  street;  thence  east  along  the  center  line  of  Harrison  street 
to  its  intersection  with  the  center  line  of  Franklin  street;  thence 
north  along  the  center  Hne  of  Franklin  street  to  its  intersection  with 
the  c-enter  line  of  Madison  street;  thence  east  along  the  center  line 
of  Madison  street  to  its  intersection  with  the  center  line  of  Hazel 
street;  thence  sovith  along  the  center  line  of  Hazel  street  1^o  the  center 
line  of  the  east  and  west  alley  between  Harrison  street  and  North 
street ;  thence  east  along  the  center  line  of  said  alley  to  the  center  line 
of  Washington  avenue;  tlience  north  along  the  center  line  of  Wash- 
ington avenue  to  the  center  line  of  Harrison  street ;  thence  east  along 
the  center  line  of  Harrison  ssreet  to  the  center  line  of  the  right  of 
way  of  the  Wabash  Railroad  Company;  thence  south  westerly  along 
the  center  line  of  said  right  of  way  to  the  center  line  of  North  street; 
thence  east  along  the  center  line  of  North  street  to  the  center  line 
of  the  north  and  south  alley  between  the  Wal^ash  railroad  com- 
pany's right  of  way. and  Hayes  street;  thence  south  along  the  center 
line  of  said  alley  to  the  center  of  Van  Buren  street;  thence  west  along 
the  center  line  of  VanBuren  street  to  its  intersection  with  the  center 
line  of  McDonald  street;  thence  south  along  the  center  line  of  Mc- 
Donald street  to  its  intersection  with  the  center  line  of  Main  street; 
thence  west  along  the  center  line  of  Main  street  to  its  intersection 
with  the  center  line  of  College  street;  thence  south  along  the  center 
line  of  College  street  to  the  place  of  beginning. 

642.  Wooden  buildings  prohibited.]  §  43.  No  wooden  buildings 
shall  hereafter  be  erected,  placed  or  repaired  within  said  fire  limits, 
except  upon  the  terms  and  conditions  imposed  therein. 

643.  Buildings  to  conform.]  §  44.  All  buildings  her-^after  erec- 
ted inside  of  the  fire  limits  shall  conform  to  each  and  all  of  the  require- 
ments above  specified,  and,  further,  the  outside  walls  shall  be  of  stone, 
brick,  iron  or  otlier  incombustible  materials,  and  the  roof  shall  be  of 
iron,  tin,  slate,  or  felt,  tar  or  composition  roofing,  covered  with  dis- 
tilled roofing  cement,  and  then  with  a  heavy  coating  of  gravel,  and  all 
cornices,  window  caps  and  sills  shall  be  composed  of  incombustible 
materials,  and  all  windows  and  doors  in  the  side  and  end  of  such 
buildings  shall  have  fire-proof  shutters,  except  such  openings  as  front 
upon  a  street. 

644.  No  wooden  building  to  be  moved.]  §45.  No  wooden  build- 
ing, the  erection  of  which  is  herein  prohibited,  shall  be  removed  to  any 
location  within  the  fire  limits. 


218  GENERAL    ORDINANCES 


645.  Exceptions.]  §  46.  It  shall  be  lawful  to  erect  within  the 
fire  limits  wooden  l)uildings  for  use  only  as  coal-sheds  or  privies,  not 
exceeding  ten  feet  in  heij^ht  nor  one  hundred  square  feet  in  j^round 
area. 

646.  Wooden  buildings — conditions  as  to  repairing.]  §  47.  In 
case  any  wooden  building  inside  the  fire  limits  is  damaged  by  fire, 
decay  or  otherwise,  in  an  amount  exceeding  fifty  per  cent,  of  its  value, 
it  shall  be  torn  down  or  removed,  and  no  repairs  shall  be  made  to  the 
same.  The  manner  of  ascertaining  such  damage  shall  be  as  follows : 
The  ma^^or,  chief  of  police  or  building  inspector  may  make  complaint 
in  writing  to  the  police  magistrate ;  thereu])on  summons  shall  issue  for 
the  owner,  as  in  any  civil  case,  which  shall  be  personally  served  if  such 
owner  resides  in  the  county,  and  if  he  is  a  non-resident  of  the  county 
or  State,  publication  shall  be  made  as  in  cases  of  attachment  before 
justices  of  the  peace.  An  issue  shall  be  framed,  which  shall  be  tried 
by  a  jury  of  twelve,  and  if  such  jury  by  their  verdict  find  the  damage 
does  exceed  fifty  per  cent,  of  the  value,  then  the  magistrate  shall  enter 
judgment  on  his  docket,  which  judgment,  if  not  appealed  from,  shall 
he  held  as  a  direction  to  the  officers  of  said  city  to  tear  down  or  remove 
said  building;  and  in  case  the  said  owner  fails,  upon  five  days'  written 
notice,  to  remove  the  same,  said  officers  shall  do  so,  and  the  cost  of 
such  removal  shall  be  recovered  of  the  owner  in  any  court  of  com- 
petent jurisdiction.  In  case  the  damage  does  not  exceed  fifty  per 
cent,  the  building  may  be  repaired,  but  no  additions,  repairs  or  alter- 
ations shall  in  any  case  be  made  which  increase  the  height  or  area  of 
the  building,  or  change  the  heating  appliances,  the  plumbing,  the 
outside  walls,  chimneys  or  roof,  unless  the  same  conform  to  the 
requirem^ents  of  this  ordinance. 

647.  Dilapidated  buildings.]  §  48.  Whenever  any  building  or 
part  of  a  building,  or  structure  of  any  kind,  shall  be  in  danger  of 
falling,  or  shall  becom.e  so  dilapidated  as  to  become  dangerous  on 
account  of  fire,  and  shall  thereby  endanger  an}^  property  contiguous 
thereto,  or  travel  on  any  public  street  or  alley,  the  same  is  hereby 
declared  a  nuisance. 

Whenever  complaint  shall  be  made  of  any  such  nuisance,  suit  shall 
be  instituted  in  the  name  of  the  city,  and  summons  shall  be  issued 
against  the  owner,  if  known,  and  the  occupant,  if  known,  and  served, 
in  the  sam.e  manner  as  civil  process  before  a  justice  of  the  peace,  if 
such  defendant  can  be  found  in  this  city.  If  not  so  found,  notices 
shall  be  posted  and  mailed  in  substantially  the  same  manner  as  in 
cases  of  attachm.ent  before  a  justice  of  the  peace.  If  upon  the  hearing 
such  building  or  part  of  a  building  is  adjudged  to  be  a  nuisance,  it  is 
hercb}'  made  the  duty  of  the  owner  to  abate  such  nuisance,  within  a 
reasonable  time  to  be  fixed  in  the  judgment  to  be  entered,  and  in  case 
such  owner  shall  neglect  so  to  do,  he  shall  be  subject  to  a  fine  of  ten 


GENERAL    ORDINANCES  219 


dollars  for  each  day  he  suffers  the  same  to  remain  thereafter,  and  after 
the  expiration  of  a  five  days'  written  rotice  served  upon  such  owner, 
or  occupant,  the  nuisance  may  be  abated  by  the  city,  and  the  expense 
may  be  recovered  in  a  proper  suit. 

SUPERINTENDENT. 

648.  Superintendent  of  buildings.]  §  49.  There  is  hereby  created 
the  office  of  superintendent  of  buildings,  and  it  is  hereby  made  the 
duty  of  such  officer  to  have  the  management  and  control  of  all  matters 
pertaining  to  building,  and  he  shall  have  charge  of  enforcing  the  ordi- 
nances with  reference  to  that  subject,  and  shall  examine  the  plans 
and  specifications  submitted  to  him,  and  shall  issue  permits  for  build- 
ing where  the  plans  and  specifications  conform  to  such  ordinances, 
and  he  shall  inspect  the  erection  of  all  buildings,  to  the  end  that  such 
requirements  shall  be  met.  Such  officer  shall  be  an  experienced  archi- 
tect or  builder.  Such  officer  shall  be  appointed  and  qualify  and 
receive  the  salary  and  serve  for  the  tenii  provided  in  the  chapter  of 
these  ordinances  concerning  officers. 

PERMITS. 

649.  Application.]  §  50.  Any  person  desiring  to  do  any  building 
or  repairing  other  than  such  as  is  expressly  allowed  without  a  permit, 
shall  make  written  application  to  the  superintendent  of  buildings, 
accompanied  by  the  plans  and  specifications,  if  any  are  to  be  used, 
setting  forth — 

First — The  location  of  the  proposed  work. 

Second — General  dimensions,  nuinber  and  height  of  stories. 

Third — Dimensions  of  joists  and  timbers  and  distance  apart. 

Fourth — Dimensions  of  supporting  iron  work. 

Fifth — For  what  purpose  the  building  is  designed  to  be  used. 

Sixth — The  estimated  cost  thereof. 

And  agreeing  that  such  building  will  be  constructed  in  conformity 
with  the  ordinances  and  the'  plans,  specifications  and  description  set 
forth.  And  if  plumbing  is  to  be  done  the  written  permit  of  the 
plumbing  inspector  shall  be  first  obtained  and  shall  accompany  such 
application. 

650.  Permit — fees.]  §  51.  If  upon  examination  such  construc- 
tion and  such  application  is  found  to  confonn  to  the  ordinances,  a 
written  permit  shall  be  issued  by  the  superintendent  of  buildings  on 
payment  of  fees  on  the  following  basis : 

On  the  cost  up  to  $2,000,  one-third  of  one  per  cent. 

On  the  cost  from  $2,000  to  $10,000,  one-fourth  of  one  per  cent. 

On  the  cost  from  $10,000  up,  one-eighth  of  one  per  cent. 


220  GENERAL    ORDINANCES 


Provided,  The  minimum  fee  in  all  cases  is  fixed  at  two  dollars,  and 
the  maximum  at  fifty  dollars:  Provided,  also,  That  such  fees  shall 
not  include  those  mentioned  in  the  plumbing  ordinance:  Provided, 
also,  that  no  fee  shall  be  required  where  the  value  of  the  work  con- 
templated is  under  two  hundred  dollars. 


CHAPTER  V. 
CEMETERIES. 

651.  Where  Bodies  Buried.]  §  1.  The  body  of  no  deceased 
human  being  shall  be  buried  in  any  place  within  the  corporate  limits 
of  said  city  not  actually  set  apart  as  a  cemetery  prior  to  April  18, 
A.  D.  1911,  except  as  hereinafter  provided. 

652.  New  Cemeteries.]  §  2.  No  corporation,  person  or  asso- 
ciation of  persons  shall  establish,  or  open,  a  new  cemetery  within  the 
corporate  limits  of  said  city,  or  within  one  mile  of  said  limits,  without 
the  approval  of  the  city  council  first  had  and  obtained. 

653.  Penalty.]  §  3.  Any  corporation,  person  or  association  of 
persons  violating  any  of  the  pro\'isions  of  this  Act  shall,  upon  convic- 
tion, be  fined  not  less  than  twenty-five  dollars  and  not  more  than  two 
hundred  dollars  for  each  offense;  and  any  body  of  a  deceased  person 
buried  contrary  to  the  provisions  of  this  chapter,  or  in  any  cemetery 
opened  or  established  in  violation  of  this  chapter,  shall  be  disinterred 
and  re-interred  in  some  cemetery  selected  by  the  city  council,  unless 
the  owner  of  the  ground,  or  the  next  of  kin  or  personal  representatives 
of  the  deceased  person,  shall  cause  the  removal  and  re-interment  of 
said  body  within  ten  days  after  such  original  interment  takes  place. 

654.  Expense  of  Removal.]  §  4.  The  expenses  incurred  by  the 
city  in  removing  and  re-inten4ng  such  body  shall  be  recoverable  from 
the  owner  of  the  land,  or  the  personal  representatives  of  the  deceased, 
in  an}-  proper  action. 


CHAPTER  \T. 
CIGARETTES. 


655.  License.]  §  1.  Licenses  authorizing  the  sale  of  cigarettes, 
cigarette  papers  and  cigarette  wrappers  within  this  city  may  be  issued 
in  the  manner  following,  and  not  otherwise:  Any  person  desiring  a 
license  to  sell  the  same  shall  make  written  application  to  the  city 


GENERAL    ORDINANCES  221 


council,  designating  the  location  at  which  such  sales  are  proposed  to 
be  made.  Said  application  shall  be  accompanied  by  a  bond,  payable 
to  said  city,  in  the  penal  sum  of  five  hundred  dollars  agreed  and 
liquidated  damages,  with  at  least  two  good  and -sufficient  sureties,  to 
be  approved  by  said  city  council,  conditioned  for  the  faithful  observ- 
ance and  obedience  of  all  laws  of  the  state,  and  all  ordinances  of  the 
city  now  in  force,  or  which  may  be  hereafter  in  force,  with  reference 
to  the  sale  of  such  cigarettes,  cigarette  papers  and  cigarette  VvTappers. 
Upon  compliance  with  said  requirements  and  the  payment,  in  ad- 
vance, of  the  required  license  fee,  a  license  shall  be  issued  by  the 
mayor,  countersigned  by  the  city  clerk,  authorizing  such  sale  at  the 
place  designated  in  such  license :  Provided,  however,  that  no  license 
shall  be  granted  to  sell  within  200  feet  of  any  school  house,  nor  shall 
such  license  be  held  to  authorize  the  sale  of  any  cigarettes  containing 
opium,  morphine,  jimpson  weed,  belladonna,  glycerine,  or  sugar,  or 
any  injurious  drug  or  substance,  nor  shall  such  license  be  held  to 
authorize  the  sale  of,  or  the  giving  of,  cigarettes,  cigarette  paper  or 
cigarette  wrappers  to  any  person  under  twenty-one  years  of  age. 

656.  Fees.]  §  2.  The  license  fee  shall  be  at  the  rate  of  sevent}^- 
five  dollars  per  annum,  in  advance,  provided  that  no  licenses  shall 
be  issued  to  extend  beyond  the  end  of  the  municipal  year.  Licenses 
shall  be  issued,  at  the  same  time,  and  in  the  same  manner,  as  licenses 
for  keeping  of  dram  shops. 

•657.  Revocation.]  §  3.  Any  Hcense  so  granted  may  be  revoked 
by  the  council  on  written  notice  whenever  it  shall  appear  that  the 
party  so  licensed  has  violated  any  provisions  of  the  laws  of  this  State, 
or  of  any  ordinance  of  this  city  relating  to  the  selling  or  giving  away 
of  cigarettes,  cigarette  paper  or  cigarette  wrappers. 

658.  Licenses  to  be  posted.]  §  4.  The  said  Hcensee  shall  imme- 
diately cause  such  license  to  be  posted,  and  shall  keep  the  same  posted, 
in  some  conspicuoub  place,  in  the  place  of  business  designated  in  such 
license,  and  for  a  failure  to  do  so  shall  be  fined  in  any  sum  not  less 
than  fi\'e  dollars  nor  more  than  one  hundred  dollars. 

659.  Officers  to  Enforce.]  §  5.  It  is  hereby  made  the  duty  of 
the  commissioner  of  health,  and  of  the  chief  of  police,  and  of  all  mem- 
bers of  the  police  force,  from  time  to  time,  to  inspect  and  examine  all 
places  where  cigarettes  are  sold,  with  a  view  of  ascertaining  whether 
this  ordinance  is  being  complied  with,  and  it  is  made  the  duty  of  each 
of  said  officers  to  cause  the  same  to  be  rigorously  enforced.  And  the 
said  commissioner  of  health  is  hereby  authorized  to  purchase,  and  it 
is  hereby  made  the  duty  of  such  licensee  to  sell  to  such  commissioner 
of  health,  samples  of  cigarettes  sold  or  offered  for  sale  by  such  licensee, 
for  the  purpose  of  having  the  same  analyzed  by  such  commissioner 
of  health  in  order  to  ascertain  whether  the  same  contain  anv  of  the 


222  GENERAL   ORDINANCES 


drugs  or  injurious  substances  mentioned  in  section  one  of  this  ordi- 
nance, and  said  commissioner  of  health  shall  preserve  a  record  of  such 
analysis. 

660.  Penalty.]  §  6.  Any  person  or  persons  who  shall  hereafter 
have  or  keep  for  sale,  or  sell  or  offer  for  sale,  or  offer  to  give  or  give 
away,  any  cigarettes,  cigarette  paper  or  cigarette  wrappers  within  the 
corporate  limits  of  this  city,  without  first  having  obtained  a  license 
as  herein  provided;  or  whoever  shall  willfully  and  knowingly  sell,  or 
offer  for  sale,  any  cigarettes  containing  opium,  morphine,  jimpson 
weed,  belladonna,  glycerine  or  sugar,  or  any  other  injurious  drug  or 
substance;  or  shall  give  away,  or  offer  to  giveaway,  or  shall  sell,  any 
cigarettes,  cigarette  paper  or  cigarette  wrappers  to  any  person  under 
twenty-one  years  of  age  shall  be  fined  not  less  than  twenty -fiA'C  dollars 
nor  more  than  two  hundred  dollars  for  each  offense. 


CHAPTER  VII. 
CONTRACTS. 


661.  Authority.]  §  1.  No  officer  of  this  city  shall  make  any 
contract  unless  lawfully  authorized  to  do  so,  either  by  the  laws  of  the 
State,  or  the  ordinances  of  the  city,  or  some  action  of  the  city  council. 
Whenever  in  any  department  any  supplies  of  any  kind  are  needed 
the  head  of  such  department  shall  make  application  to  the  council 
committee  in  charge  of  that  department,  and  in  no  event  shall  any 
contract  for  such  supplies  be  legal  unless  approved  beforehand  by 
such  committee,  or  by  the  city  council  in  session :  Provided,  that 
nothing  herein  shall  be  construed  as  suffering  any  contract  to  be 
made  or  liability  to  be  incurred  where  there  is  no  appropriation, 
unexpended,  legally  made,  sufficient  to  cover  the  expense. 

662.  Claims.]  §  2.  All  claims  must  be  verified  and  no  claim 
shall  be  allowed,  or  any  warrant  drawn  for  its  payment  unless  the 
claimant,  or  some  credible  person  for  him,  shall  before  an  officer 
authorized  to  administer  oaths,  make  affidavit  that  the  claim  or 
account  is  just,  true  and  correct,  and  that  the  charges  therein  are 
reasonable.  Such  claims  must  also  pass  before  the  proper  committee 
for  approval,  or  report  in  writing 

663.  Wages  of  Employes.]  §  3.  The  rate  of  wages  hereafter 
to  be  paid  by  the  City  of  Danville  for  labor,  in  the  absence  of  express 
contract,  be,  and  the  same  is  hereby  fixed  as  follows : 

Wages  for  man :   two  dollars  per  day ; 

Wages  for  man  and  team :  four  dollars  per  day , 

Wages  for  foreman  of  wards:    two  dollars  and  fifty  cents  per  day. 


GENERAL    ORDINANCES  223 


Eight  hours  work  shall  constitute  a  day  under  the  above  schedule 
of  wages. 

664.  Advertisement  for  bids.]  §4.  At  the  beginning  of.  each 
year  the  committee  on  printing  shall  advertise  for  bids,  for  the 
furnishing  of  all  stationery,  blanks,  records,  supplies,  election  sup- 
plies, printing,  publishing  and  advertising  of  every  kind,  including 
all  legal  notices,  and  said  bids  shall  be  several  for  the  difTerent  classes 
named,  which  bids  shall  be  opened  by  the  city  council,  and  the  con- 
tract shall  be  awarded  to  the  lowest  bidder,  reserving  the  right  to 
reject  all  bids. 


CHAPTER  VIII. 
CURFEW. 


665.  Loitering  on  streets  forbidden.]  §1.  No  minor,  under  the 
age  of  sixteen  years,  shall,  after  the  hour  of  nine  o'clock  p.  m.,  from 
April  1st  to  November  1st,  nor  after  the  hour  of  8  o'clock  p.  m.,  from 
November  1st  to  April  1st,  next  following,  loiter,  wander  or  stroll 
about  in  the  right,  on  any  of  the  public  streets,  avenues,  alleys,  lanes, 
commons,  or  in  the  public  parks  of  said  city,  or  upon  any  depot 
grounds  or  building  or  other  public  place,  unless  upon  some  lawful 
errand,  and  sent  by  the  direction  and  with  the  knowledge  and  con- 
sent of  the  parent,  guardian  or  other  person  having  the  legal  custody 
and  control  of  such  child,  under  a  penalty  of  not  less  than  ore  dollar 
nor  more  than  twenty-five  dollars. 


CHAPTER  IX. 
ELECTIONS. 


666.  Conduct  of  election.]  §1.  All  elections  shall  be  conducted 
under  the  Australian  ballot  law  and  all  the  general  laws  of  the  State 
on  that  subject. 

667.  Order  to  be  preserved  at  the  polls.]  §  2.  The  chief  of 
police  and  all  other  police  officers  shall  attend  at  all  elections  for  the 
purpose  of  maintaining  order  and  keeping  the  peace.  The  judges 
shall  maintain  order  at  the  polls,  and  may  command  any  police  officer 
in  attendance  to  arrest  any  person  who  shall  disturb  the  peace  by 
riotous  or  disorderly  conduct.     Any  person  who  at  the  polls  shall 


224  GENERAL   ORDINANCES 


break  or  disturb  the  peace,  or  conduct  himself  in  a  riotous  or  disorderly 
manner,  shall  be  subject  to  a  penalty  not  exceeding  one  hundred 
dollars. 

668.  Contest  of  election  of  aldermen.]  §  3.  Any  elector  of  the 
city  may  contest  the  election  of  any  member  of  the  city  council,  and 
the  method  of  procedure  shall  be  as  follows :  Within  thirty  days  after 
the  vote  is  canvassed  and  the  result  is  declared,  the  contestant  shall 
file  with  the  city  clerk  a  written  statement,  under  his  oath,  setting 
forth  clearly  the  grounds  of  contest,,  and  shall  cause  a  copy  thereof  to 
be  served  upon  the  person  whose  election  is  contested,  personally, 
if  he  may  be  found  in  the  city,  or  if  he  cannot  be  so  found,  b}^  leaving 
a  copy  at  his  usual  place  of  residence — proof  of  which  service  shall 
accompany  the  statement  filed.  Thereupon  the  council  shall  fix  a 
time  and  place  for  hearing  testimony,  which  testimony  may  be  heard 
in  open  session  of  the  council,  or  before  a  committee  appointed  for  the 
purpose,  substantially  in  the  same  manner  as  evidence  is  taken  before 
a  A I  aster  in  Chancery.  In  ease  a  ground  of  contest  shall  be  an  im- 
proper count  of  the  ballots,  a  recount  shall  be  had  before  evidence  is 
taken,  which  recount  shall  be  had  only  in  the  open  session  of  the  coun- 
cil. When  the  case  is  closed  the  council  shall  vote  by  yeas  and  nays. 
No  member  of  the  council  interested  shall  take  any  part  in  the 
proceedings. 


CHAPTER  X: 
FIRES. 


669.  Precautions  to  be  observed.]  §  1.  For  the  purpose  of 
guarding  against  the  calamities  of  fire,  it  is  declared  that  shavings 
and  like  combustible  materials  shall  not  be  suffered  to  accumulate 
in  or  about  any  building;  a  lighted  lamp,  candle  or  fire  shall  not  be 
carried  or  used  in  any  building  where  hay,  straw  or  like  combustible 
materials  are  kept,  unless  secured  in  a  lantern  or  some  secure  casing ; 
all  stoves  used  in  carpenter  or  woodworking  shops  shall  be  set  in  a 
box  or  fram.e  at  least  six  inches  above  the  floor,  having  a  space  at 
least  one  foot  around  outside  of  the  stove,  and  lined  or  filled  with 
fireproof  material ;  ashes  shall  not  be  deposited  in  any  building  or  in 
any  place  within  twenty  feet  of  any  building,  shed  or  fence,  unless 
placed  within  a  secure  enclosure  lined  with  fire-proof  material;  no 
bonfires  shall  be  set  except  in  the  day  time,  nor  then  unless  the  condi- 
tion of  wind  and  weather  be  such  that  such  fire  is  not  likely  to  endan- 
ger any  property ;  pitch,  resin,  tar  or  the  like  infiammable  substances 
shall  not  be  boiled  or  heated  except  at  such  distance  from  any  building 
as  to  be  safe,  in  case  such  substance  should  take  fire;  no  box  or  other 


GENERAL    ORDINANCES  225 

vessel  filled  with  sawdust  or  other  combustible  material  shall  be  used 
as  a  spittoon;  no  fire  shall  be  kindled  in  any  building,  except  within  a 
secure  fire-place,  stove,  furnace  or  like  structure  made  for  that  pur- 
pose; benzine,  turpentine,  coal  oil  and  the  like  shall  not  be  suffered  to 
saturate  wooden  floors,  partitions  or  other  parts  of  buildings;  no  rags, 
waste,  paper  or  other  material  saturated  with  oils,  paints  or  other  in- 
flammable substances  shall  be  suffered  to  accumulate  in  any  basement, 
or  building,  or  shed;  boxes  and  waste  paper  shall  not  be  suffered  to 
accumulate  in  any  building  or  shed  adjacent  thereto;  waste  paper 
shall  not  be  burned  except  in  a  metal  cylinder  or  casing,  nor  in  such 
a  way  that  sparks  may  escape,  nor  shall  the  same  be  burned  on  any 
street,  alley  or  sidewalk,  or  in  such  proximity  to  any  building  as  to  be 
dangerous;  no  gunpowder  shall  be  weighed  by  gas  light  or  lamp  light, 
nor  shall  any  kerosene  oil,  gasoline  or  inflammable  or  volatile  oil  of  any 
kind  be  drawn  from  any  cask,  tank  or  barrel,  by  any  such  light;  any 
person  violating  any  of  such  precautions,  whereby  the  public  safety, 
or  the  safety  of  any  private  property  is  endangered,  shall  be  fined  not 
less  than  three  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

670.  Fire  chief  to  inspect.]  §  2.  At  all  reasonable  hours  the 
fire  chief  may  examine  any  premises  reported  to  him  in  which  the 
precautions  above  described  are  said  to  be  violated,  and  any  owner 
or  occupant  of  any  such  premises  who  shall  willfully  refuse  to  permit 
any  premises  owned  or  occupied  by  him,  or  under  his  control,  to  be 
examined  at  any  reasonable  hour,  shall  be  fined  not  less  than  three 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

671,  Planing  mills  and  lumber  yards.]  §  3.  That  it  shall  be 
unlawful  to  erect,  maintain,  build,  operate  or  use  any  planing  mill, 
sash,  door  or  blind  factory,  chair  or  furniture  factory,  lumber  yard, 
wood  yard,  oil  mill  or  paper  mill  within  the  fire  limits  as  now  estab- 
lished by  ordinance;  and  every  such  planing  mill,  sash,  door  or  blind 
factory,  chair  or  furniture  factory,  lumber  yard,  wood  yard,  oil  mill 
or  paper  mill  which  may  be  erected,  maintained,  built,  operated  or 
used  within  the  said  fire  limits  is  hereby  declared  to  be  a  nuisance; 
and  it  is  hereby  made  the  duty  of  the  mayor  to  take  any  and  all  meas- 
ures and  begin,  or  cause  to  be  begun,  all  suits  and  proceedings  neces- 
sary to  cause  any  and  all  such  nuisances  to  be  abated,  and  to  be  re- 
moved outside  the  said  fire  limits;  and,  any  person,  firm  or  corporation 
who  shall  erect,  maintain,  build,  operate  or  use,  any  one  or  more  of 
the  said  buildings,  yards,  mills  or  factories  above  mentioned  within 
said  fire  limits,  shall  be  fined  not  less  than  the  sum  of  fifty  dollars  and 
not  more  than  the  sum  of  two  hundred  dollars,  and  the  further  sum 
of  twenty-five  dollars  for  each  day  the  same  shall  be  allowed  to  remain 
within  said  fire  limits. 


226  GENERAL    ORDINANCES 


CHAPTER  XT. 
FIRE  DEPARTMENT. 

672.  Fire  Chief.]  §  1.  The  highest  in  rank  of  the  officers  in  this 
department  shall  be  the  fire  ehief,  and  he  shall  supervise  and  control 
all  officers  and  men  under  him,  subject  to  the  mayor  and  council. 
He  shall  have  charge  and  custody  of  all  apparatus  and  equipment  of 
every  kind  pertaining  to  this  department.  He  shall  devote  his  entire 
time  to  the  discharge  of  his  duties,  and  shall  attend  all  fires,  and  take 
command  of  the  organization.  He  shall,  with  the  approval  of  the 
mayor  and  the  committee  on  fire  and  water,  prescribe  such  rules  and 
regulations  as  shall  be  necessary  to  secure  discipline  and  efficiency  in 
the  force.  With  the  concurrence  of  the  mayor  he  may  order  the 
tearing  down  or  removal  in  any  other  wa}^  of  any  building  where  it  is 
deemed  absolutely  necessary  to  check  a  conflagration.  He  shall  keep 
an  accurate  and  full  record,  in  a  book  to  be  provided  by  the  city,  of 
all  fires  within  the  city,  the  day  and  hour,  the  cause,  the  owner's 
name,  amount  of  insurance,  and  such  other  information  as  may  be 
deemed  of  importance.  He  shall  also  keep  in  said  record  a  true  in- 
ventory of  all  property  and  equipment  of  the  city  in  said  department. 

He  shall  visit  and  examine  all  i^laces  reported  to  be  in  a  condition 
likeh'  to  cause  fire,  or  where  violation  of  any  ordinance  relating  to 
public  safety  is  said  to  occur,  and  take  such  steps  in  the  premises  as 
are  appropriate. 

At  the  end  of  each  fiscal  year  he  shall  make  a  full  written  report 
to  the  council  of  all  transactions  in  his  department. 

673.  Assistant  Fire  Chief.]  §  2.  The  next  officer  in  rank  shall 
be  the  assistant  fire  chief,  who  shall  be  captain  of  department  No.  1 ; 
assist  the  fire  chief,  and  during  such  hours  as  the  latter  is  not  on  duty, 
and  when  the  latter  is  absent,  shall  act  as  chief. 

674.  Captains.]  §  3.  In  each  of  the  other  departments  there 
shall  be  a  captain,  who  shall  have  charge  of  the  men  in  his  department 
and  shall  see  that  the  rules  and  regulations  are  carried  out,  and  who 
shall  have  control  of  and  be  responsible  for  the  conduct  of  his  depart- 
ment subject  to  the  orders  of  the  mayor  and  council  and  fire  chief,  or 
in  his  absence,  the  assistant  fire  chief. 

675.  Members.]  §  4.  The  members  of  the  department  shall 
obey  the  orders  of  their  superior  officers,  and  shall  diligently  serve 
the  city  in  all  things  pertaining  to  their  employment.  They  shall 
sleep  in  the  department  provided  for  them,  and  shall  wear  such 
uniform  or  insignia  of  office  as  may  be  adopted. 

676.  Causes  for  removal.]  §  5.  Any  officer  or  member  of  this 
department  may  be  removed  if  guilty  of  any  of  the  following  offenses, 
viz." 


GENERAL    ORDINANCES 227 

1.  Disobedience  of  the  orders  of  his  superior. 

2.  Intoxication. 

3.  Violent,  insolent  or  abusive  language  to  a  superior  officer,  or 
to  any  citizen,  resident  or  stranger. 

4.  Drinking  intoxicating  liquor  when  on  duty. 

5.  Absence  from  duty  without  leave. 

6.  Refusing  to  pay  his  just  debts. 

677.  Bystanders  to  assist.]  §  6.  Every  male  person  above  the 
age  of  eighteen  years,  present  at  any  fire,  shall  be  subject  to  the  orders 
of  the  fire  chief,  to  assist  in  extinguishing  such  fire  and  to  remove 
and  protect  property,  and  any  such  person  who  shall  knowingly  or 
wilfully  fail  or  refuse  to  obey  such  orders  shall  be  subject  to  a  fine  of 
not  less  than  three  dollars  nor  more  than  fifty  dollars  for  each  offense. 

678.  Malicious  injury  to  equipment.]  §  7.  Whoever  shall  wil- 
fully or  maliciously  deface,  injure,  damage  or  destroy  any  wagon, 
engine,  ladder,  hose,  or  any  appliance,  or  any  animal,  belonging  to 
the  fire  department,  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars  for  each  offense,  and  in  addition 
thereto  the  expenses  incurred  in  repairing  the  injury  or  the  amount 
of  damages  done,  shall  be  added  to  such  fine  and  made  a  part  of  the 
penalty. 

679.  Running  over  hose.]  §  8.  No  locomotive  or  car,  or  street 
car,  or  vehicle  of  any  kind  shall  be  driven  or  run  over  any  fire  hose 
laid  for  use  across  any  track  or  street,  and  any  person  who  shall  wil- 
fully drive  or  run  any  of  the  same  over  any  such  hose,  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

680.  Unnecessary  throwing  of  water.]  §  9.  Whoever  shall 
wilfully  or  mahciously  throw  any  stream  of  water  from  any  fire  hose 
upon  any  person  or  property,  whether  at  a  fire  or  at  any  drill  of  the 
department,  or  at  any  test  of-  the  waterworks,  shall  be  fined  not  less 
than  three  dollars  nor  more  than  fifty  dollars. 

681.  Vehicles  not  to  obstruct  street  at  fire.]  §  10.  No  wagon, 
carriage  or  other  vehicle  shall  obstruct  any  street  or  alley  at  any 
point  in  the  vicinity  of  a  fire,  and  when  directed  by  any  police  officer 
or  member  of  the  fire  department,  the  person  in  charge  of  such 
vehicle  shall  immediately  move  away  to  such  place  as  will  avoid  such 
obstruction,  and  for  a  wilful  failure  so  to  do  he  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

682.  Meddling  with  fire  hydrant.]  §11.  Whoever  shall,  without 
lawful  authorit3^  take  water  from  any  public  fire  plug  or  hydrant  of 
the  waterworks  in  this  city,  or  shall  remove  the  cover  therefrom,  or 
place-  any  earth  or  other  material  therein,  or  in  any  other  way  injure, 


228  GENERAL    ORDINANCES 


destroy  or  damage  any  such  fire  plug,  or  any  pipe  or  main,  or  appliance 
thereunto  belonging,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars. 

683.  Fire  alarms.]  §  12.  No  person  or  persons,  except  those 
connected  with  the  management  of  the  same,  shall  open  any  signal 
box  of  the  fire  alarm  system  of  this  city,  unless  it  be  for  the  purpose 
of  gi\'ing  in  good  faith  an  alann  of  fire;  nor  shall  break,  cut,  injure, 
deface,  derange  or  in  any  manner  interfere  with  said  fire  alarm  system, 
or  any  of  its  appliances,  under  a  penalty  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars  for  each  offense. 

684.  False  alarm.]  §  13.  Whoever  shall  knowingly  make  or 
give  any  false  alann  or  false  cry  of  fire,  shall  be  fined  not  less  than 
three  dollars  nor  more  than  one  hundred  dollars. 

685.  Vacation  of  firemen.]  §  14.  Each  and  every  member  of 
the  fire  department  shall  be  granted  a  vacation  with  full  pay  during 
each  and  every  year,  the  time  of  said  vacation  to  be  fixed  by  the  chief 
of  the  fire  department  with  the  consent  of  city  council. 


CHAPTER  XII. 
HEALTH. 


686.  Commissioner.]  §  1.  There  is  hereby  created  the  office 
of  commissioner  of  health.  His  term  of  office  shall  be  two  years. 
He  shall  be  a  competent,  reputable  physician.  The  duties  of  his 
office  shall  be  to  have  charge  of  all  matters  pertaining  to  public  health 
and  to  the  sanitary  condition  of  the  city.  He  shall  cause  inspections 
to  be  made  and  all  nuisances  to  be  abated,  and  in  case  of  any  conta- 
gious, pestilential  or  malignant  disease,  he  shall  take  all  necessary 
steps  to  establish  and  maintain  a  proper  quarantine  and  to  prevent 
the  spread  thereof.  He  shall  look  after  the  enforcement  of  all  ordi- 
nances relating  to  the  subjects  under  his  charge,  and  shall  keep  a 
record  of  all  burial  permits  issued  by  him. 

687.  Report.]  §  2.  He  shall  report  annually  on  the  first  day  of 
May,  a  full  and  complete  statement  of  all  matters  pertaining  to  his 
office,  transacted  during  the  fiscal  year  last  past,  and  shall  make  a 
detailed  estimate  of  appropriations  required  in  his  department  for 


688.  Burial  Permits.]  §  3.  No  dead  human  bod}-  shall  be  taken 
from  the  city  for  interment,  nor  shall  any  such  body  be  interred  at 
any  place  in  the  city,  until  a  permit  shall  have  been  first  obtained 


GENERAL    ORDINANCES  229 


from  the  commissioner  of  health.  Any  undertaker,  sexton,  or  any 
other  person  violating  the  provisions  of  this  section,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

689.  Physician  to  give  death  certificate.]  §  4.  It  is  hereby  made 
the  duty  of  the  attending  physician,  when  any  person  shall  die  in  this 
city,  to  make  to  the  commissioner  of  health,  within  twenty-four  hours 
thereafter,  a  written  report,  stating  the  name,  age,  sex,  residence,  and 
cause  of  death  of  the  deceased,  specifying  particularly  the  disease, 
under  a  penalty  of  not  less  than  five  dollars  nor  more  than  fifty  dollars 
for  each  offense. 

690.  Physicians  to  report  contagious  diseases.]  §  5.  It  is  here- 
by made  the  duty  of  every  practicing  physician  in  this  city  forthwith 
to  report  in  writing  to  the  commissioner  of  health  any  patient  found 
suffering  with  any  contagious  or  pestilential  disease.  For  a  failure 
so  to  do  such  physician  shall  be  fined  not  less  than  five  dollars  nor 
more  than  fifty  dollars  for  each  offense. 

691.  Blanks.]  §  6.  The  commissioner  of  health  shall  furnish 
such  blanks  to  physicians,  undertakers  and  others  as  are  needed, 
upon  which  to  make  out  the  reports  specified  in  this  ordinance, 
which  blanks  are  to  be  supplied  by  the  city;  but  a  failure  to  furnish 
blanks  shall  be  no  excuse  for  a  failure  to  make  reports  as  directed  in 
this  ordinance. 

692.  Vaccination.]  §  7.  In  case  of  an  epidemic  of  smallpox,  and 
in  case  of  persons  exposed  to  small  pox  under  each  circumstances  as 
to  render  them  likely  to  be  infected,  the  commissioner  of  health 
may  require  such  person  or  persons  to  be  vaccinated,  and  any  person 
who  shall  wilfully  refuse  to  be  so  vaccinated  shall  be  fined  not  less 
than  five  dollars  nor  more  than  fifty  dollars :  Provided,  that  in  case 
such  person  is  unable  to  pay  for  such  vaccination,  the  commissioner 
of  health  shall  provide  the  same  free  of  charge. 

693.  Quarantine.]  §  8.  In  case  any  person  or  persons  are  found 
suffering  from  smallpox,  scarlet  fever,  cholera,  diphtheria,  or  any 
pestilential,  contagious  or  infectious  disease,  the  commissioner  of 
health  shall  cause  a  placard  to  be  posted  at  the  front  entrance  of  the 
house,  where  such  person  is  sick,  stating  the  name  of  the  disease. 
Said  officer  may  also  in  such  cases  as  .may  be  reasonably  necessary, 
establish  a  quarantine,  and  direct  that  no  person  shall  enter  or  depart 
from  said  premises,  except  physicians,  nurses  or  necessary  attendants, 
and  may  appoint  a  guard  or  guards  with  authority  to  enforce  such 
directions.  Said  officer  may  also  in  such  cases,  require  such  person 
or  persons  suffering  from  such  disease  to  be  removed  to  a  hospital 
or  such  other  proper  place  as  may  be  provided  by  the  proper  authori- 
ties, and  there  detained.  Any  person  who  shall  wilfully  tear  down 
any  placard  put  up  by  authority  of  said  commissioner  of  health,  or 


230  GENERAL    ORDINANCES 


who  shall  wilfully  violate  any  quarantine  established  as  aforesaid,  or 
shall  wilfully  refuse  to  be  removed  to  any  hospital  or  place  of  deten- 
tion upon  the  order  of  the  commissioner  of  health,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

694.  Spreading  contagion.]  §  9.  Any  person  who  has  smallpox, 
or  other  contagious  disease,  or  who  having  been  exposed  to  such 
disease,  who  shall,  during  the  period  within  which  such  disease  is 
contagious,  wilfully  go  about  in  any  street,  or  public  place,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

695.  Destroy  bedding,  etc.]  §  10.  The  commissioner  of  health 
shall  order  the  clothing,  l^cdding,  and  any  other  article  likely  to  be 
infected  used  by  any  patient  having  smallpox  or  the  like  contagious 
disease,  to  be  burned,  or  where  it  can  be  done  with  safety,  to  be  dis- 
infected. And  any  person  who  fails  to  observe  the  direction  of  the 
commissioner  of  health' in  that  regard,  shall  be  fined  in  a  like  sum  as 
provided  in  the  preceding  section. 

696.  Disinfecting — Consumption.]  §11.  No  property  owner,  or 
agent  of  such  owner,  shall  rent,  lease  or  pemiit  to  be  used  for  dwelling 
purposes,  any  house  or  apartment  recently  occupied  by  any  person 
affficted  with  pulmonary  consumption,  until  after  such  house  or 
apartment  has  been  reported  to  the  Commissioner  of  Health  and 
disinfected  under  his  supervision.  Any  person,  or  persons,  violating 
the  provisions  of  this  section  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

697.  Changing  clothing.]  §  12.  Every  phA^sician,'  nurse,  or 
attendant,  waiting  upon  a  person  having  smallpox,  or  the  like  con- 
tagious disease,  shall  change  and  thoroughly  disinfect  his  or  her 
clothing  worn  while  in  attendance  on  said  patient,  and  for  a  failure  to 
do  so  before  going  out  into  the  street  or  any  public  place,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

.698.  Diseased  meat.]  §  13.  Whoever  shall  sell,  or  offer  for  sale, 
for  use  for  htmian  food  any  tainted  or  unwholesome  meat,  fish  or 
poultry,  or  the  flesh  of  any  emaciated,  sick,  crippled,  sore,  bruised, 
disea,sed  or  disordered  animal  shall  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  dollars,  and  it  is  made  the  duty 
of  all  police  officers  and  all  health  officers  to  seize  and  destroy  any 
such  meat,  fish  or  poultr^^ 

699.  Adulterated  milk,  etc.]  §  14.  Whoever  shall,  sell  or  offer 
for  sale,  for  use  for  human  food  any  milk  adulterated  with  water  or 
any  foreign  substance,  or  any  milk  from  any  diseased  cow,  knowing 
her  to  be  so  diseased  as  to  render  her  milk  unwholesome;  or  any 
adulterated  and  unwholesome  bread,  butter,  lard,  cheese  or  other 


GENERAL    ORDINANCES  231 


provisions,  or  any  decayed  and  unwholesome  vegetables  or  fruits, 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  offense. 

700.  Undrawn  bodies  of  fowls.]  §  15.  No  person,  firm  or  cor- 
poration shall  sell,  or  offer  for  sale,  any  fish,  fowl,  or  any  animal  used 
for  food  purposes,  refrigerated  or  otherwise,  which  has  not  been  pro- 
perly drawn,  by  removing  the  viscera  (bowels  or  entrails)  at  the  time 
of  slaughter,  under  a  penalty  of  not  less  than  one  dollar  nor  more  than 
one  hundred  dollars  for  each  offense. 

701.  Against  spitting.]  §16.  No  person  shall  spit  or  expectorate 
upon  the  floor  of,  or  against  the  wall,  steps,  entrance,  approach  or  any 
other  part  of  any  church,  school  house,  passenger  depot,  court  house, 
or  any  public  building,  nor  of  any  store,  office,  shop,  dwelling,  tene- 
ment or  room  of  any  private  building,  against  the  consent  of  the 
owner  or  occupant  thereof,  nor  upon  any  public  walk  or  public  way 
intended  for  foot  passengers;  especial  reference  being  had  to  spitting 
or  expectorating  in  such  manner  as  to  form  puddles,  pools  or  splashes 
where  persons  are  wont  to  go  on  foot,  under  a  penalty  of  not  less  than 
one  dollar  nor  more  than  ten  dollars  for  each  offense. 

702.  Distribution  of  Drugs.]  §  17.  Drugs  and  medicines  shall 
not  be  promiscuously  passed  and  distributed  as  samples  for  advertis- 
ing purposes  from  house  to  house,  and  no  person  shall  distribute  or 
leave  any  drug  or  medicine  upon  any  private  premises,  nor  upon  any 
street  or  sidewalk,  unless  delivered  personally  to  some  adult  person, 
under  a  penalty  of  not  less  than  five  dollars  nor  more  than  one  hun- 
dred dollars. 

703.  Poisons — sale  of.]  §  18.  It  is  hereby  made  the  duty  of 
every  druggist,  phannacist,  or  any  other  person,  selling  or  delivering, 
by  himself,  his  clerk  or  servant,  any  arsenic,  strychnine,  corrosive 
sublimate,  prussic  acid,  or  any  substance  or  liquid  commonly  recog- 
nized as  a  deadly  poison,  to  cause  the  bottle,  box  or  package  contain- 
ing the  same  to  be  plainly  labeled  with  the  name  of  the  substance  and 
also  the  word  "poison."  Such  person  shall  also,  unless  the  sale  is 
made  on  the  prescription  of  a  reputable  physician,  ascertain  whether 
the  same  is  to  be  used  for  a  legitimate  purpose,  and  shall  not  sell  or 
deliver  the  same  to  any  person  under  the  age  of  fourteen  years,  under 
a  penalt}^  in  either  case  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars. 

704.  Scavengers.]  §  19.  All  scavenger  work  shall  be  under  the 
general  super\''ision  of  the  commissioner  of  health.  All  persons 
desiring  to  engage  therein  must  first  obtain  license,  which  will  be 
granted  on  application  to  the  city  council,  on  payment  of  a  license 
fee  of  ten  dollars  per  annum,  payable  in  advance,  and  upon  giving 
bond  with  at  least  two  good  and  sufficient  sureties  to  be  approved  by 


232  GENERAL    ORDINANCES 


the  council,  in  ihc  |)cnal  sum  of  five  hundred  dollars,  conditioned 
for  the  observance  of  the  ordinances  of  the  city  with  regard  to  such 
work.  Such  work  and  the  hauling  shall  be  done  only  in  the  night 
time,  between  9  p.  m.  and  4  o'clock  a.  m.,  and  the  refuse  shall  be 
carried  away  in  tight  barrels  or  tanks,  and  dumped  at  the  dumping 
grounds,  or  such  other  place  as  is  provided  by  the  city,  and  such  work 
shall  be  done  in  such  a  way  as  to  cause  no  nuisance,  and  the  maximum 
price  to  be  charged  is  hereby  fixed  at  thirty -five  cents  per  barrel  of 
forty  gallons  capacity.  Said  tanks  and  barrels  to  be  kept  cleaned 
U])  after  being  used.  Which  license  shall  be  issued  as  other  licenses, 
and  shall  be  revocable  for  a  failure  to  observe  any  of  the  alcove 
requirements. 

Any  person  who  shall  engage  in  said  business  without  having  first 
obtained  a  license,  as  herein  required,  or  who  shall  engage  in  or  carry 
on  the  same  contrary  to  any  of  the  provisions  herein,  shall  be  fined 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars. 

705.  Dumping  grounds.]  §  20.  The  premises  known  as  the 
city  dumi)ing  grounds,  southeast  of  the  city,  on  the  Perrysville  road, 
have  been  provided  by  the  city  for  the  depositing  of  of^^al,  garbage, 
etc.,  and  the  same  are  hereby  put  under  the  control  of  the  commission- 
er of  health  and  he  is  authorized  to  prescribe  such  reasonable  rules 
and  regulations  concerning  the  use  of  the  same  and  the  manner  of 
depositing  garbage  (which  rules  and  regulations  shall,  however,  be 
general),  as  may  avoid  a  nuisance;  and  all  persons  using  the  same  shall 
obey  such  rules  and  regulations.  No  person  shall  place,  deposit, 
throw,  discharge  or  leave  any  animal  or  vegetable  matter,  or  substance 
that  is  or  is  likely  to  become  foul  or  offensive  upon  any  part  of  said 
dumping  ground  except  at  such  place  immediately  on  the  bank  of  the 
river,  as  shall  be  designated  by  said  commissioner  of  health,  under  a 
penalty  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

706.  Protection  of  water  supply.  §  21.  Whereas  the  supply  of 
water  to  the  waterworks  of  the  Danville  Water  Compan\',  supplying 
water  to  this  city  and  its  inhabitants,  is  the  North  Fork  of  the  Vermil- 
ion river,  and  the  purity  of  said  supply  is  of  importance  to  the  health 
of  said  community ;  therefore,  whoever  shall  deposit,  throw,  discharge 
or  leave,  or  suffer  or  permit  to  be  deposited,  thrown,  discharged  or 
left,  any  nauseous,  foul,  offensive  or  putrid  liquor,  substance  or 
excrement,  or  any  liquid  or  substance  likely  to  become  nauseous,  foul 
or  offensive,  or  likely  to  contaminate  said  water  supply,  or  render  the 
same  in  any  wise  unwholesome  or  dangerous  to  health,  upon  the  banks 
or  in  the  waters  of  said  North  Fork,  or  upon  the  banks  or  in  the  waters 
of  any  stream  flowing  into  said  North  Fork,  located  either  within  the 
corporate  limits,  or  within  five  miles  therefrom,  above  the  waterworks 
aforesaid,  shall  be  fined  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars  for  each  offense. 


GENERAL    ORDINANCES  233 


CHAPTER  XIII. 
HOUSE-MOVERS. 

707.  License  required.]  §1.  It  shall  be  unlawful  for  any  person, 
except  a  licensed  house  mover,  to  move,  or  attempt  to  move,  any 
house,  or  other  building  over,  upon  or  along  any  street,  alley  or  public 
place  in  said  city. 

708.  How  obtained — bond.]  §  2.  Any  person  may  become  a 
licensed  house  mover  in  said  city  and  be  licensed  to  move  houses,  or 
other  buildings,  or  parts  thereof,  upon  compliance  with  the  provisions 
of  this  chapter,  and  upon  paying  to  the  city  clerk  a  fee  of  ten  dollars, 
and  executing  a  bond  to  the  city  with  sureties  to  be  approved  by  the 
city  council  in  the  penal  sum  of  one  thousand  dollars,  conditioj^ed  for 
the  due  observance  of  all  of  the  provisions  of  this  ordinance  and  of  all 
the  ordinances  of  said  city,  and  also  conditioned  that  the  principal 
obligors  in  said  bond  shall  save  and  keep  harmless  and  indemnify 
the  said  city  against  any  and  all  damages,  losses,  injury  and  liability 
whatsoever  which  may,  in  ai^'  event,  accrue  against  said  city  on 
account  of  the  act  or  neglect  of  the  principal  obligors  in  said  bond, 
his  or  their  agents,  servants  or  employes,  or  any  one  or  more  of  them, 
in  or  about  the  doing  of  any  of  the  things  for  which  such  license  shall 
have  been  issued. 

709.  Application  to  council.]  §  3.  Any  person,  or  persons,  de- 
siring to  obtain  a  license  as  a  house-mover,  shall  make  application  in 
writing  to  the  city  council.  The  applicant  shall,  at  the  same  time, 
present  his  bond  in  an  amount  and  conditioned  as  required  by  section 
two  aforesaid.  If  such  application  shall  be  granted  and  bond  appro- 
ved by  the  city  council,  a  license,  signed  by  the  mayor  and  attested 
by  the  city  clerk,  shall  thereafter  be  issued,  authorizing  such  person 
or  persons  to  do  the  things  hereinafter  designated. 

710.  Term  of  license.]  §  4.  No  Hcense  shall  be  issued  to  any 
house-mover  except  for  the  balance  of  the  municipal  year  in  which  the 
application  shall  be  made:  Provided,  however,  when  no  more  than 
three  months  shall  remain  in  the  municipal  year,  the  license  fee  that 
shall  be  paid  by  such  mover  shall  be  five  dollars  instead  of  ten 
dollars. 

711.  Observe  Ordinances.]  §  5.  All  hcensed  house-movers 
shall  observe  and  obey  all  the  ordinances  of  the  city  now  in  force,  or 
which  shall  hereafter  be  in  force,  regulating  the  moving,  altering  or 
repairing  of  houses  or  other  buildings  in  said  city. 

712.  Use  of  streets.]  §  6.  The  streets  and  alleys  within  the  fire 
limits  of  said  city  shall  not  be  used  for  moving  buildings,  or  parts  of 
buildings,  nor  shall  any  building  be  moved  along  or  upon  any  street 


234  GENERAL    ORDINANCES 


or  alley  of  the  city  outside  of  said  fire  limits,  unless  an  application  is 
made  to  the  Superintendent  of  Buildings,  stating  when  and  where  the 
same  is  to  be  moved,  which  said  application  shall  be  accompanied  by 
a  fee  of  five  dollars  for  each  building,  or  portion  of  a  building,  to  be 
moved,  payable  to  the  Superintendent  of  Buildings,  whereupon,  if 
the  applicant  has  complied  with  the  requirements  of  all  of  the  ordinan- 
ces, a  pemiit  shall  be  issued  by  the  Su]jerintendent  of  Buildings  for 
such  removal,  but  not  otherwise. 

713.  Revocation.]  §  7.  Any  license  granted  under  the  provi- 
sions of  this  chai)ter  shall  be  subject  to  revocation  by  the  city  council 
on  the  written  recommendation  of  the  Superintendent  of  Buildings. 

714.  Penalties.]  §  8.  Any  person,  firm  or  corporation  violating 
any  of  the  jjrovisions  of  this  chapter,  shall  be  subject  to  a  penalty  of 
not  le^  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
ofTense. 


CHAPTER  XIV. 
INTOXICATING  LIQUORS. 

715.  License.]  §  1.  The  sale  of  intoxicating  liquors,  and  the 
keeping  of  dram  shops  within  this  city,  is  hereby  licensed,  but  only 
upon  the  conditions  and  restrictions  set  forth  in  this  chapter.  First, 
A  license  may  be  issued  for  the  keeping  of  a  dram  shop,  where  in- 
toxicating liquor  is  sold  to  be  used  as  a  beverage,  in  less  quantity  than 
one  gallon.  Second,  A  license  may  be  issued  to  sell  intoxicating 
liquor  in  quantity  of  one  gallon  or  more,  which  is  hereby  denominated 
as  a  wholesale  dealer's  license,  which  license  shall  not  permit  the  sell- 
ing or  giving  away  of  any  intoxicating  liqour  in  any  quantity  to  be 
drank  on  the  premises  or  adjacent  thereto.  Third,  A  license  may 
be  issued  to  a  druggist  to  sell  in  less  quantity  than  one  gallon  but 
strictly  for  medicinal,  mechanical,  sacramental  and  chemical  pur- 
poses only. 

The  license  shall  be  issued  by  the  clerk  and  shall  state  the  character 
of  the  license,  the  term  for  which  it  is  granted,  the  person  to  whom 
granted  and  the  place  where  the  business  is  to  be  carried  on. 

716.  License  limited.  §2.  No  hcense  for  the  keeping  of  a  saloon 
or  dram  shop,  shall,  at  any  time  hereafter,  be  issued  or  granted  to  any 
])erson  except  as  hereinafter  provided  as  follows: 

All  legal  licenses  issued  and  in  force  on  December  1,  1907,  for  the 
keeping  of  a  saloon  or  dram  shop  within  said  city  shall  be  renewed  or 
reissued  upon  strict  and  full  compliance  with  the  laws  and  ordinances 


GENERAL    ORDINANCES  235 


in  force  at  the  time  of  the  appHcation  for  such  renewal  or  re-issue,  but 
no  new  Hcense,  other  than  a  renewal  or  reissue  for  the  keeping  of  a 
saloon  or  dram  shop,  shall,  at  any  time  hereafter,  be  granted  or  issued 
until  the  number  of  licenses  in  force  at  the  time  shall  be  less  than  one 
for  every  five  hundred  of  the  population  of  the  City  of  Danville  as 
ascertained  by  the  then  last  preceding  school  census,  whereupon  such 
new  license  may  be  issued  from  time  to  time  to  lawful  applicants 
according  to  priority  of  application  upon  full  compliance  by  the 
applicant  with  the  laws  and  ordinances  in  force  at  the  time  of  the 
application  for  such  licenses  until  the  total  number  of  Hcenses  in  force 
shall  equal  one  for  every  five  hundred  of  the  population  of  the  city  as 
ascertained  by  the  then  last  preceding  school  census.  The. owner,  or 
owners,  or  his  or  their  legal  representatives,  of  a  license  to  keep  a  dram 
shop  or  a  saloon  shall  have  and  be  given  the  right  to  a  renewal  or 
reissue  of  such  license  at  the  same,  or  different  places  of  business, 
upon  compliance  with  the  ordinances  now  in  force,  or  which  may 
hereafter  be  passed  governing  the  licensing  of  dram  shops  or  saloons, 
and  such  owner  or  owners,  or  his  or  their  legal  representatives,  may 
assign  or  convey  his  or  their  right  to  the  renewal  or  reissue  of  said 
license  to  another  person,  who  upon  full  compliance  with  the  ordi- 
nances then  in  force  governing  the  licensing  of  saloons  or  dram  shops, 
shall  be  entitled  to  a  renewal  or  reissue  of  such  license  in  his  own 
name,  and  each  holder  of  a  license,  or  his  legal  representatives  in 
turn,  may  assign  or  convey  such  right  of  renewal  or  reissue  of  such 
license  upon  the  same  terms  and  conditions  as  the  original  owner 
thereof  could  do  hereunder.  The  privilege  of  renewal  or  reissue  shall 
apply  only  so  long  as  the  license  in  each  case  shall  have  been  kept  in 
force  continuously  and  uninterruptedly  in  the  name  of  the  licensee  or 
his  successor  in  interest.  No  license  to  keep  saloons  or  dram  shops 
shall  be  hereafter  issued  to  a  firm  except  in  the  names  of  the  individual 
members  of  the  fimi,  and  no  such  license  shall  hereafter  be  issued  to  a 
corporation:  Provided,  however,  that  any  corporation  now  holding 
such  a  license  in  its  name  may  designate  the  person  or  persons  who 
shall  be  entitled  to  a  renewal  or  reissue  of  such  license:  Provided, 
further,  that  such  person  or  persons  shall  duly  qualify  by  complying 
with  all  of  the  laws  and  ordinances  in  force  at  the  date  of  such  assign- 
ment. 

717.  No  saloons  in  basement.]  §  3.  No  license  shall  be  granted 
for  the  sale  of  intoxicating  liquors  in  any  quantity  whatever  w^here  the 
place  of  business  in  which  such  intoxicating  liquor  is  to  be  sold  is 
located  in  any  basement  or  underground  room,  or  is  connected  in  any 
way  with  a  basement  or  underground  room  for  the  purposes  of  evad- 
ing, directly  or  indirectly,  the  provisions  of  this  section;  and  no  license 
shall  be  granted  for  the  sale  of  intoxicating  liquors  in  any  quantity 
whatever  where  the  place  of  business  in  which  such  intoxicating  liquor 


236  GENERAL    ORDINANCES 


is  to  be  sold  has  any  entrance  whatever  except  directly  from  a  public 
street  or  alley. 

718.  No  more  than  two  entrances.]  §  4.  No  license  shall  be 
j^rantcd  for  the  sale  of  intoxicating^  liquors  where  the  place  of  business 
in  which  such  intoxicating  liquor  is  to  be  sold  has  more  than  two 
entrances.  Where  there  are  two  entrances  to  such  a  place  each  en- 
trance shall  be  directly  from  a  public  street  or  alley  that  is  open  at 
all  times  to  the  public  and  to  police  officers,  and  each  entrance  shall 
have  a  trans])arent  glass  door  that  will  enable  anyone  to  have  a  clear 
view  at  all  times  of  the  entire  interior  of  said  dram  shop  or  saloon. 

719.  To  be  kept  posted  in  place  of  business.]  §5.  Every  person 
licensed  to  sell  intoxicating  liquor  shall  immediately  post  his  license 
and  shall  constantly  keep  the  same  posted  in  a  conspicuous  place  in 
his  office  or  place  of  business,  and  whoever  shall  fail  or  neglect  so  to  do, 
or  whoever,  not  being  licensed,  shall  post  or  cause  or  permit  to  be 
posted,  or  to  remain  posted  any  paper  or  document  purporting  to  be  a 
license,  shall  incur  a  penalty  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars. 

720.  Application.]  §  6.  Any  person  desiring  a  license  under 
any  one  of  the  three  classes  above  stated,  to  sell  intoxicating  liquor, 

,  in  this  city  shall  make  a  written  application,  setting  forth  the  kind 
of  license  desired,  the  length  of  time,  the  place  of  business,  and 
the  names  of  his  sureties  on  the  bonds,  hereinafter  required.  Which 
application  shall  be  laid  before  the  council  and  referred  to  the  com- 
mittee on  license,  who  shall  examine  the  same  and  report  in  writing 
to  the  council,  as  to  whether  the  requirements  have  been  met  and  as 
to  the  financial  standing  of  the  sureties,  and  shall  also  make  a  recom- 
mendation as  to  whether  such  license  should  be  granted. 

721.  Rate  of  license — terms.]  §7.  The  rate  of  license  for  keep- 
ing a  dram  shop  shall  be  eight  htmdred  dollars  per  annum,  payable 
quarterly;  for  a  wholesale  dealer's  license  two  hundred  dollars  per 
annum;  and  for  a  druggist's  permit  no  license  fee  shall  be  charged. 

All  licenses  shall  expire  with  the  fiscal  year,  and  no  license  shall 
be  granted  for  a  less  term  than  three  months,  except  when  the  un- 
expired part  of  the  fiscal  year  is  less  than  three  months,  nor  unless 
the  license  fees  shall  be  paid  strictly  in  advance.  Such  licenses 
shall  not  be  assignable,  except  by  consent  of  the  council,  but  the 
license  fees  may  be  refunded  where  the  license  is  revoked  by  the  city, 
or  where  the  licensee  goes  out  of  business. 

722.  Bonds — dram  shop.]  §  8.  No  person  shall  be  licensed 
to  keep  a  dram  shop  unless  he  shall  first  give  bond  in  the  penal  sum 
of  $3,000  payable  to  the  People  of  the  State  of  Illinois,  with  at  least 
two  good  and  sufficient  sureties,  freeholders  of  this  County,  to  be 
approved  by  the  mayor  and  city  council,  conditioned  that  he  will 


GENERAL   ORDINANCES  237 

pay  to  all  persons  all  damages  that  they  may  sustain,  either  in  person 
or  property,  or  means  of  support,  by  reason  of  the  person  so  obtaining 
license,  selling  or  giving  away  intoxicating  liquors. 

Nor  shall  any  such  license  be  granted  unless  such  person  shall  also 
execute  a  bond  in  the  penal  sum  of  one  thousand  dollars,  agreed 
or  liquidated  damages,  payable  to' the  City  of  Danville,  with  at  least 
two  good  and  sufficient  sureties,  freeholders  of  this  County,  to  be 
approved  by  the  mayor  and  city  council,  conditioned  that  he  will 
observe  and"  obey  all  the  laws  of  the  State  and  all  ordinances  of  the 
city,  now  or  hereafter  in  force,  during  the  terni  for  which  the  license 
is  given,  regulating  and  governing  the  keeping  of  dram  shops,  and 
also  for  the  payment  of  all  moneys  due  or  that  rnay  thereafter  become 
due  to  the  city  or  any  of  its,  officers  on  account  of  any  violation  or 
violations  of  such  ordinances. 

723.  Bonds — wholesale  dealer.]  §  9.  No  person  shall  be  licen- 
sed to  sell  liquor  in  quantities  of  one  gallon  or  more,  unless  he  shall 
first  give  a  like  bond  to  the  People  of  the  State  of  Illinois  and  a  like 
bond  to  the  city,  as  is  required  in  cases  of  keepers  of  dram  shops, 
except  that  the  conditions  of  the  latter  bonds  in  this  case,  shall  be 
so  drawn  as  to  cover  sales  and  gifts  in  quantities  of  one  gallon  or 
more  instead  of  in  quantities  of  less  than  one  gallon,  and  to  cover 
the  observance  of  the  laws  and  ordinances  with  respect  to  selling  and 
giving  away  intoxicating  liquors  in  quantities  of  one  gallon  or  more. 

724.  Disqualifications.]  §  10.  No  license  to  keep  a  dram 
shop  and  no  license  as  a  wholesale  dealer  shall  be  issued  to  any  minor, 
or  any  non-resident  of  this  county,  nor  to  any  person  who  has  been 
convicted  of  an  infamous  crime,  or  who  has  been  twice  convicted  of 
'a  violation  of  the  ordinances  of  this  city  governing  the  selling  of 
intoxicating  liquor,  or  who  has  been  once  convicted  of  any  such  vio- 
lation, and  is  in  default  in  the  payment  of  any  fine  or  costs  due  the 
city  or  any  of  its  officers. 

725.  License  not  to  be  granted  in  connection  with  restaurant,  etc.] 
§  11.  No  license  shall  be  granted  for  the  sale  of  intoxicating  liquor 
in  any  quantity  whatever,  where  the  place  of  business  where  the  same 
is  to  be  sold  is  in  an}^  way  connected  with  a  restaurant  or  eating  room 
by  any  opening,  door,  window,  hall,  passage  way,  entrance,  slide, 
elevator,  dumb  waiter,  or  any  device  used  for  transporting  liquor  from 
one  room  or  department  to  another.  Any  person  who  shall  make 
any  such  connection  as  is  above  prohibited,  or  who  shall  suffer  such 
connection  to  remain,  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

726.  Hours  of  opening  and  closing.]  §  12.  All  dram  shops  shall 
be  closed  at  the  hour  of  eleven  o'clock,  sharp,  at  night,  and  shall  so 
remain  closed  until  the  hour  of  five  o'clock  in  the  morning  of  the  next 


238  GENERA-.    ORDINANCES 


day,  between  which  hours  it  is  unlawful  to  sell  or  give  away  therein 
any  intoxicating  liquor.  Whoever  shall  keep  open  a  dram  shop  be- 
tween the  hours  aforesaid,  or  shall  sell  any  intoxicating  liciuor  therein 
between  said  hours,  shall  be  fined  not  less  than  twenty  dollars  nor 
more  than  one  hundred  dollars. 

727.  Screens.]  §  K?.  All  licenses  for  the  keeping  of  dram 
shops  in  this  city  arc  also  upon  the  further  terms  and  conditions  that 
the  same  shall  Idc  so  kept  as  to  afford  at  all  hours  of  the  day  and 
night  during  which  the  dram  shop  is  required  to  be  closed,  from 
the  front  door  and  front  windows,  a  full  view  of  the  interior  thereof, 
and  no  shutter,  slide,  screen,  curtain,  partition,  mirror,  stand,  or 
any  goods  or  ornamentation,  or  any  other  thing  whatsoever,  shall 
be  so  placed  as  to  obstruct  such  full  view. 

And  any  such  obstruction  may  be  summarily  removed  by  any 
police  officer  of  the  city,  and  any  person  who  shall  violate  any  of  the 
terms  of  this  section  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

728.  Orderly  house — lewd  women — wine  rooms — music]      §  14. 

No  keeper  of  a  dram  shop  shall  keep  a  disorderly  or  illgo\'erned 
house  or  place  of  resort  for  idle  or  dissolute  persons,  nor  shall  suffer 
therein,  nor  in  any  adjacent  premises  under  his  control,  any  violent, 
tumultuous,  offensive  or  disorderly  conduct,  nor  any  species  of  gaming, 
nor  any  obscene,  profane  or  unseemly  language,  nor  any  quarreling 
or  fighting,  nor  shall  any  prostitute  or  lewd  women  be  permitted  to 
frequent,  loiter  in  or  drink  liquor  in  any  such  dram  shop  or  adjacent 
premises,  nor  shall  any  wine  rooms  or  booths  or  stalls  be  used  in 
such  dram  shop  or  in  connection  therewith,  nor  shall  any  singing  or 
mtisic  of  any  kind  be  permitted,  under  a  penalty,  in  either  case,  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

729.  Minors  drinking  in  saloons.]  §  15.  x'Vny  minor  drinking 
intoxicating  liquor  in  any  dram  shop  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

730.  Minors  not  to  be  employed.]  §  16.  No  minor  shall  be 
employed  as  a  clerk,  bartender,  or  as  an  employe  in  any  capacity,  in 
any  dram  shop,  under  a  penalty  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars. 

731.  Loitering  of  minors  or  drunkards  forbidden.]     §  17.     No 

minor,  intoxicated  ]:)crson  or  habitual  drunkard  shall  be  permitted  to 
loiter,  idle  or  remain  in  any  dram  shop  or  premises  adjacent  thereto 
under  the  same  control,  nor  shall  any  such  minor,  intoxicated  person 
or  habitual  drunkard  be  there  peiTnitted  to  play  at  any  game  with 
dice,  cards,  billiards  or  any  other  game  or  device,  under  a  penalty  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars ;  and  like- 


GENERAL    ORDINANCES  239 


wise  any  minor,  intoxicated  person  or  habitual  drunkard  who  shall 
wilfully  refuse  to  leave  such  dram  shop  or  premises  upon  the  request 
of  the  proprietor,  or  any  of  his  employes,  shall  be  subject  to  a  penalty 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

732.  To  be  closed  on  Sundays,  election  days,   etc.]     18.     No 

dram  shop,  tippling  house  or  place  where  intoxicating  liquor  is  sold 
or  given  away  shall  be  kept  open  on  the  first  day  of  the  week,  com- 
monly called  Sunday,  nor  upon  any  general  or  special  election  day 
during  those  hours  of  the  day  while  the  polls  are  open;  and  whoever 
being  the  keeper  of  a  dram  shop,  tippling  house  or  place  where  in- 
toxicating liquor  is  sold  shall,  on  Sunday  sell  or  give  away  any  intoxi- 
cating liquor,  or  whoever  shall  on  any  general  or  special  election  day, 
during  the  hours  that  the  polls  are  open,  sell  at  retail  or  give  away 
any  intoxicating  liquor,  or  whoever  shall  keep  open  his  place  of  busi- 
ness contrary  to  the  provisions  of  this  section,  shall  be  fined  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars  for  each  offense. 

733.  Selling  without  license.]  §  19.  Whoever,  not  having  a 
license  to  sell  intoxicating  liquor  as  a  wholesale  dealer  as  herein 
provided,  shall  sell  or  give  away  any  intoxicating  liquor  in  quantity 
of  one  gallon  or  more,  and  whoever  shall  keep  a  dram  shop  without 
a  license,  and  whoever,  not  having  a  license  to  keep  a  dram  shop, 
shall  sell  or  give  awa}^  intoxicating  liquor  in  quantities  less  than  one 
gallon,  or  in  any  quantity,  to  be  drank  upon  the  premises,  or  any 
adjacent  premises,  shall  be,  in  either  case,  fined  not  less  than  twenty 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

734.  Shifts  and  devices — acts  of  employes.]  §  20.  Every  shift 
or  device  calculated  or  intended  to  evade  the  provisions  of  this 
ordinance  is  hereby  declared  to  be  unlawful,  and  to  be  within  the 
prohibitions  thereof. 

And  wherever  -any  act  or  default  is  herein  prohibited,  the  prohi- 
bition and  the  penalty  shall  extend  to  every  case,  whether  the  act 
or  default  be  committed  by  the  person  himself,  or  by  another  either 
as  ]3rincipal,  clerk,  servant,  agent  or  employe,  directly  or  indirectly. 

735.  Revocation  by  City  Council.]  §  21.  Any  Hcense  or  permit 
for  the  sale  of  intoxicating  liquor  may  be  revoked  for  the  violation  of 
any  of  the  provisions  of  any  ordinance  governing  or  regulating  such 
license  or  permit  by  a  resolution  of  the  city  council :  Provided,  that  not 
less  than  five  days'  notice  be  given  by  mail,  to  show  cause  why  it 
should  not  be  revoked.  And  it  shall  not  be  necessary  to  such  revo- 
cation that  the  offender  shall  have  first  been  prosecuted  and  convicted. 

736.  Revocation  by  Mayor.]  §  22.  In  addition  to  the  power  of 
revocation  vested  in  the  city  council,  any  license  or  permit  for  the  sale 
of  intoxicating  liquor  may  also  be  revoked  for  the  violation  of  any  of 


240  GENERAL    ORDIXAXCES 

the  pro\'isions  of  any  ordinance  governing  or  regulating  such  Hcenses 
or  iDcnnit  by  a  written  revocation  thereof,  signed  by  the  mayor  and 
filed  in  the  office  of  the  city  clerk :  Provided,  that  not  less  than  three 
da>'s'  notice  shall  be  given  by  mail,  to  show  cause  why  such  license  or 
jDcrmit  should  not  be  revoked.  And  it  shall  not  be  necessary  to  such 
revocation  that  the  offender  shall  have  first  been  prosecuted  and 
convicted. 

737.  Saloon  limits.  §  23.  The  limits  within  which  dram  shop 
licenses  may  be  granted  are  hereby  restricted  as  follows,  viz: 

First:  They  may  be  granted  to  be  kept  in  the  territory  bounded  on 
the  east  by  Collett  Street ;  on  the  south  by  Griggs  Street ;  on  the  North 
west  by  the  right-of-way  of  the  Wabash  Railroad  Company. 

Second:  They  may  be  granted  to  be  kept  in  the  territroy  bounded 
as  follows,  viz: 

Beginning  at  the  center  of  the  alley  in  the  rear  of  the  Aetna  House 
at  its  intersection  with  the  center  of  North  Street ;  thence  east  to  the 
center  of  the  north  and  south  alley  in  block  four  in  James  Spear's 
Addition  to  Danville,  Illinois;  thence  south  to  the  center  of  Van 
Buren  Street;  thence  east  to  the  center  of  Collett  street;  thence  south 
to  the  center  of  Main  street ;  thence  northeast  to  a  point  twenty-five 
feet  east  of  the  east  Hne  of  Collett  street ;  thence  south  to  the  center 
of  Stony  Creek;  thence  northwesterly  up  said  creek  to  the  center  of 
Main  Street ;  thence  west  to  the  center  of  Park  Avenue ;  thence  south 
to  the  center  of  South  street;  thence  west  to  the  center  of  the  first 
north  and  south  alley  east  of  the  Wabash  Railroad  Company  right  of 
way;  thence  south  along  the  said  center  line  of  said  alley  to  a  line  one 
hundred  and  fifty  feet  south  of  South  street ;  thence  west  to  the  center 
of  the  Big  VermiHon  River;  thence  following  the  center  of  the  Big 
Vermilion  River  to  its  intersection  with  the  center  line  extended  south 
of  the  north  and  south  alley  between  Franklin,  street  and  Pine 
street;  thence  north  to  the  center  of  Main  street;  thence  east  to 
center  of  Franklin  street ;  thence  north  to  the  center  of  the  east  and 
west  alley  south  of  the  city  hall,  known  as  Van  Buren  alley;  thence 
east  to  the  center  of  the  north  and  south  alley  between  Vermilion 
•  street  and  Walnut  street;  thence  north  to  the  place  of  beginning. 

Third:  They  may  be  granted  to  be  kept  in  the  territory  bounded  as 
follows : 

Beginning  at  the  intersection  of  the  center  of  Fairchild  street  with 
the  right  of  way  of  the  Wabash  Railroad  Compah}^  thence  east  to 
the  center  of  Bowman  avenue;  thence  north  one  hundred  fifty  feet; 
thence  west  to  the  right  of  way  of  the  Wabash  Railroad  Company; 
thence  southwesterly  to  the  place  of  beginning. 

Fourth:    Within  the  limits  aforesaid  no  licenses  shall  be  granted 
to  keep  a  dram  shop  at  any  place  within  a  radius  of  two  hundred 
feet  of  any  church  or  school  house  as  the  same  are  now  located. 
Fifth:  Outside  of  said  limits,  no  dram^  shop  license  shall  be  granted. 


GENERAL^  ORDINANCES  241 


738.     Repeal  §  24.     All  ordinances  in  reference  to  intoxicating 
liquors  not  included  in  this  chapter  are  hereby  repealed. 


CHAPTER  XV. 
INTOXICATING  LIQUORS  SOLD  BY  DRUGGISTS. 

739.  Druggists'  Permits.  §  1.  No  druggist  or  pharmacist,  by 
himself,  his  agent  or  servant,  shall  sell,  or  otherwise  dispose  of  for 
gain,  any  intoxicating,  malt,  vinous,  mixed  or  fennented  liquors  with- 
out first  having  obtained  a  perimt  as  hereinafter  provided. 

740.  How  obtained.]  §  2.  An}^  person,  firm  or  corporation, 
regularly  engaged  in  the  business  of  selling  drugs,  may  obtain  a  per- 
mit to  sell  intoxicating  liquors,  and  liquors  of  the  kind  above  specified, 
subject  to  the  terms  and  conditions  of  this  ordinance.  The  permit 
shall  not  be  issued,  except  upon  a  resolution  of  the  city  council,  and 
upon  the  licensee  giving  bond  in  the  sum  of  one  thousand  dollars, 
conditioned  for  the  faithful  observance  of  all  the  terms  and  conditions 
of  this  chapter,  which  permit  shall  not  be  considered  as  a  permit  or 
license  to  sell  any  intoxicating  liquors  for  any  other  purpose  than 
medicinal,  mechanical,  chemical  and  sacramental  purposes. 

741.  Record  to  be  kept.]  §  3.  Every  druggist  or  pharmacist, 
having  a  peniiit  to  sell  intoxicating  liquors,  shall  keep  a  book  in  which 
shall  be  recorded,  at  the  time  each  sale  of  liquor  is  made,  the  date  of 
such  sale,  the  name  and  place  of  residence  of  the  purchaser,  giving 
the  street  and  number,  the  kind  and  quantity  of  liquor  sold  and  the 
purpose  for  which  the  same  was  sold,  which  pemiit  shall,  during 
business  hours,  be  open  to  the  inspection  of  all  police  officers  of  the 
city. 

742.  Application.]  §  4.  No  sale  of  any  of  the  liquors  aforesaid 
shall  be  made  for  medicinal,  mechanical,  sacramental  or  chemical 
purposes  except  upon  the  written,  or  partly  written  and  partly  prin- 
ted, application  of  the  person  purchasing  the  same,  signed  b}'  such 
purchaser,  in  which  shall  be  stated  the  purpose  for  which  such  liquor 
is  to  be  used,  the  kind  and  quantity  of  the  liquor  desired,  and  the 
residence  of  the  purchaser,  which  application  shall  be  kept  on  file 
for  the  space  of  one  year,  and  shall  be  open,  during  business  hours, 
to  the  inspection  of  all  police  officers  of  said  city. 

743.  Sunday  sales.]  §  5.  No  such  pemiit  shall  extend  to,  or 
authorize,  the  sale  or  delivery  of  any  intoxicating  liquor  in  any  quan- 
tity upon  Sunday,  and  such  sale  and  delivery  is  hereby  declared 
to  be  unlawful,  except  it  be  for  medicinal  purposes,  and  then  only 


242  GENERAL   ORDINANCES 


upon  the  written  prescription  of  a  reputable  physician  in  active 
practice,  which  prescription  shall  be  made  and  j^nven  for  that  particu- 
lar sale  and  no  other. 

744.  Drinking  on  the  premises.]  §  6.  No  phannacist  or  dru^^- 
pst  shall  sell  or  };i\'c  away  an}'  of  the  liquors  above  mentioned  to  be 
drunk  upon  the  premises  where  sold,  or  on  any  premises  adjacent 
thereto  under  the  control  of  such  druggist  or  pharmacist,  except  in 
cases  where  it  is  apparently  absolutely  necessary  that  such  liquor 
should  be  administered  at  once. 

745.  False  orders.]  §  7.  Any  person  who  shall  present  to  a 
druggist  or  pharmacist  any  false,  forged  or  fictitious  prescription,  or 
order,  where  such  prescription  or  order  is  required,  or  who  shall  sign 
the  name  of  any  person,  firm  or  corporation  other  than  his  own,  or 
that  of  a  firm  of  which  he  is  a  member,  or  that  of  a  corporation  of 
which  he  is  an  officer,  to  the  application  above  inentioned,  or  who 
shall  give  to  any  druggist  or  phamiacist  any  other  name  than  his  true 
name,  or  an}^  other  place  of  residence  than  his  real  place  of  residence, 
or  any  druggist  or  phannacist  who  shall  violate  any  of  the  provisions 
of  this  chapter,  shall  be  fined  not  less  than  twenty  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

746.  Shifts  and  devices.]  §  8.  Any  permit  to  a  druggist  or 
phannacist  may  be  revoked  by  the  mayor  for  a  violation  of  any  of  the 
provisions  of  this  chapter,  provided  that  no  less  than  five  days' 
notice  shall  be  given  by  the  mayor  to  the  alleged  violator  to  show 
cause  why  his  permit  should  not  be  revoked,  and  it  shall  not  be  neces- 
sary to  such  revocation  that  the  offender  shall  have  been  first  prose- 
cuted and  convicted ;  which  notice  of  revocation  shall  be  filed  by  the 
mayor  with  the  city  clerk. 


CHAPTER  XVI. 
LICENSES  FOR  CERTAIN  OCCUPATIONS. 

747.  Licenses.]  §  1.  It  shall  be  unlawful  for  any  person  or 
persons  to  engage  in  or  carry  on  any  business,  occupation  or  pursuit 
hereinafter  mentioned,  within  the  limits  of  this  city,  without  first 
having  obtained  a  license  therefor,  issued  by  the  maA^or  and  counter- 
signed by  the  clerk. 

748.  Register.]  §  2.  Every  applicant  for  license  shall  register 
with  the  city  clerk,  his  name,  residence,  occupation  or  place  of  busi- 
ness, and  the  place  where  such  business  is  to  be  carried  on,  and  in 
case  of  a  company  or  firm,  the  names  of  all  persons  composing  the 
same. 


GENERAL    ORDINANCES  243 


749.  Fees.]  §  3.  There  shall  be  taxed  and  collected  for  issuing 
and  registering  each  Hcense,  payable  strictly  in  advance,  the  following 
license  fees,  viz : 

Auctioneers. — Twenty-five  dollars  per  annum,  or  if  taken  for  a 
less  period,  at  the  rate  of  ten  dollars  per  day. 

Bill  Posters. — Twenty-five  dollars  per  annum,  or  if  taken  for  a 
less  period,  at  the  rate  of  five  dollars  per  day. 

Draymen  and  owners,  or  drivers  of  job,  express,  baggage  or  trans- 
fer wagons  used  for  transportation  of  goods  for  hire,  one  dollar  per 
annum  for  each  vehicle. 

Fortune  Telling,  Clairvoyants  or  Necromancy. — Five  dollars 
per  day;  twenty-five  dollars  per  week,  one  hundred  dollars  per  month, 
one  thousand  dollars  per  year. 

Hackmen  and  owners  or  drivers  of  hackney  coaches,  cabs  or  om- 
nibuses, automobiles  or  other  vehicles,  used  for  transporting  persons 
for  hire,  shall  pay  five  dollars  per  annum  for  each  vehicle. 

Junk  Dealers. — Fifty  dollars  per  annum. 

Keepers  of  Public  Scales. — Ten  dollars  per  annum. 

Pawnbrokers. — Fifty  dollars  per  annum. 

Second-Hand  Dealers,  including  articles  of  any  description. — 
Five  dollars  per  annum. 

Itinerant  Merchants. — Five  dollars  per  day,  twenty  dollars  per 
week,  seventy-five  dollars  per  month. 

750.  Hawkers  and  peddlers.]  §  4.  Hawkers  and  peddlers  shall 
pay  an  annual  license  as  follows: 

Foot  peddlers  with  leave  to  use  push  cart — Ten  dollars. 

Peddlers  using  a  one-horse  vehicle. — Twenty  dollars. 

Peddlers  using  a  two-horse  vehicle. — Thirty  dollars. 

If  a  license  is  issued  for  less  than  one  year  the  rate  shall  be  two 
dollars  per  day.  No  license  shall  be  issued  except  upon  the  execution 
of  a  bond  in  the  sum  of  two  hundred  dollars  with  security  to  be  ap- 
proved by  the  city  council  conditioned  for  the  observance  of  all  of 
the  ordinances  of  the  city  and  laws  of  the  state. 

751.  Display  license,  number  and  badge.]  §  5.  Any  hawker  or 
peddler,  who  has  obtained  a  license  under  the  provisions  of  this  Act, 
shall  wear  a  badge  with  the  number  of  the  license  on  the  badge,  and 
shall  have  the  conveyance  from  which  he  sells  his  goods  conspicuoush^ 
marked  with  the  number  of  such  license  on  both  sides  of  such  con- 
veyance, and  such  license  shall,  at  all  times,  be  kept  in  the  possession 
of  the  person  in  charge  of  such  conveyance  so  that  any  police  oflficer 


244  GENERAL    ORDINANCES 


may  inspect  it  at  any  time.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  each  ofifense.  The  badge  and  number 
above  specified  shall  be  furnished  by  the  city  clerk,  upon  the  hawker 
or  peddler  depositing  with  the  clerk,  the  cost  thereof,  which  money 
shall  be  refunded  u]Jon  the  return  of  the  badge  and  number  to  the 
clerk. 

752.  Bond. I  i^  6.  All  persons  following  any  of  the  occupations 
aforesaid,  except  hawkers,  peddlers,  hackmcn  and  draymen,  shall 
give  bond  in  the  penal  sum  of  five  hundred  dollars,  with  at  least  one 
good  and  sufficient  surety,  a  resident  of  this  city,  to  be  approved  by 
the  cit}'-  council,  conditioned  for  the  observance  of  the  ordinances  of 
the  city  and  for  the  prompt  payment  of  all  moneys  due  to  any  person 
or  persons,  and  the  delivery  of  all  goods  to  the  persons  entitled  thereto, 
provided  in  case  of  pawnbrokers  the  penalty  of  the  bond  shall  be  one 
thousand  dollars. 

753.  Record.]  §  7.  Every  pawnbroker  shall  keep  a  well  bound 
book  in  which  shall  be  legibly  written  in  ink,  at  the  time  of  each 
purchase  or  loan,  a  full  and  accurate  account,  in  the  English  language, 
of  the  transaction,  specifying  dates,  names  and  residence  of  persons, 
description  of  articles,  amount  paid  or  loaned,  rate  of  interest,  and 
when  due.  No  entry  shall  be  erased  or  obliterated.  Such  record 
and  such  articles  shall  at  all  reasonable  hours  be  open  to  inspection 
by  the  mayor  and  all  police  ofhcers.  Any  person  failing  to  keep  such 
record,  or  willfully  erasing  or  obliterating  the  same,  or 'any  entry  or 
part  of  any  entry  thereon,  or  refusing  or  failing  at  any  reasonable 
hour  to  allow  such  record  or  such  articles  to  be  inspected  as  aforesaid, 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

754.  Delivery  of  Record  to  Chief  of  Police.]  §  8..  It  shall  be 
the  duty  of  every  pawnbroker  to  make  out  and  deliver  to  the  chief 
of  police,  on  every  day,  before  the  hour  of  ten  o'clock  A.  M.,  a  legible 
and  correct  copy  of  said  book  as  required  in  the  above  section,  of  all 
personal  property  and  other  valuable  things  received  on  deposit  or 
by  purchase  during  the  preceding  day,  together  with  the  exact 
time  when  received  or  purchased,  and  a  descrii.:)tion  of  the  person,  or 
persons  by  whom  left  in  pledge  or  from  whom  purchased.  No  per- 
sonal property,  received  on  deposit,  purchased  or  pledged  by  any 
such  pawnbroker,  shall  be  sold  or  permitted  to  be  redeemed  or  re- 
moved from  the  place  of  business  of  such  pawnbroker  for  the  space  of 
twenty-four  hours  after  the  copy  and  statement  so  required  are 
delivered  to  the  chief  of  police.  Any  person  violating  the  provisions 
of  this  section  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 


GENERAL    ORDINANCES  245 


755.  Revocation.]  §  9.  All  licenses  granted  under  this  chapter 
are  subject  to  revocation  for  any  willful  failure  to  observe  any 
ordinance  relative  to  the  conduct  of  sq,ch  business,  and  in  case  of 
revocation  no  part  of  the  fee  shall  be  refunded. 

756.  License  to  expire  with  fiscal  year.]  §  10.  All  licenses 
shall  expire  with  the  fiscal  year,  viz:  May  1st,  and  no  license' shall 
issue  for  a  less  fee  than  is  above  prescribed,  except  that  where  the 
license  is  an  annual  one,  and  over  half  of  the  fiscal  year  has  expired, 
it  may  issue  for  the  remainder  of  the  fiscal  year  for  the  sum  of  one- 
half  the  annual  rate,  but  no  less. 

757.  Penalty.]  §  11.  Any  person  carrying  on  any  such  business 
or  occupation,  as  aforesaid,  without  having  first  obtained  a  license, 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than  one  hmidred 
dollars  for  each  day,  or  if  the  time  be  less  than  a  day,  or  the  fraction 
thereof,  that  such  business  or  occupation  is  carried  on. 


CHAPTER  XVII. 
LIVERY  STABLES. 

758.  Location.]  §  1.  It  shall  be  unlawful  for  any  person 
to  locate,  build,  construct  or  keep  any  livery,  boarding,  feed  or  sales 
stable  in  any  block  in  which  two-thirds  of  the  buildings  are  devoted 
to  exclusive  residence  purposes,  within  200  feet  of  any  residence,  on 
either  side  of  the  street,  unless  the  owners  of  a  majority  of  the  lots 
in  such  block  fronting  or  abutting  on  such  street,  give  consent  in 
writing  to  such  location,  which  written  consent  shall  be  filed  with, the 
Superintendent  of  Buildings,  who  shall  thereupon  issue  a  written 
permit  for  that  purpose. 

759.  Penalty.]  §  2.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  ordinance  shall  be  fined  not  less  than  ten  dollar? 
nor  more  than  two  hundred  dollars. 


CHAPTER  XVIII. 

METERS. 

760.  Inspector.]  §  1.  That  the  city  electrician  be,  and  he  is 
hereby  created,  ex-officio  inspector  of  meters  in  and  for  said  city. 

761.-  Appliances  furnished.]  §  2.  The  city  shall  provide  the 
city  electrician  with  the  proper  appliances  and  apparatus  to  enable 
him  to  test  meters  used  for  measuring  to  consumers  of  the  city, 
gas.  electric  current  and  water. 


246  GENERAL    ORDINANCES 


762.  Duty  of  Inspector.]  §  3.  It  shall  1)^'  ihe  duty  of  the 
insi^cctor  of  meters,  whenever  complaint  is  made  to  him,  to  test  any 
meter  for  the  purpose  of  ascertaining  whether  or  not  such  meter  is 
pcrformin*^  its  functions  properly  and  accurately. 

763.  Testing  meters.]  §  4.  vSaid  ins])ector  of  meters  shall  be 
]:)rovided  ])y  the  cit}'  with  a  standard  meter  of  each  of  the  kinds  above 
enumerated,  which  shall  be  from  time  to  time  tested  and  kept 
accurate.  Whenever  any  meter  complained  of  is  tested  by  such  in- 
spector and  is  found  to  be  performing  its  functions  properly  and  to 
be  accurate,  within  three  per  cent  variation  of  such  standard  meter, 
then  such  inspector  shall  certify  such  meter  to  be  correct.  If  not 
found  accurate  within  three  per  cent  variation  of  such  standard 
meter,  the  same  shall  be  thereupon  certified  to  be  incorrect.  No  such 
meter  so  found  incorrect  shall  be  thereafter  replaced  or  used  by  an}^ 
person  or  persons  until  it  shall  have  been  repaired  or  rectified. 

764.  Complaints.]  §  5.  Whenever  any  consumer  of  water,  gas 
or  electric  current  shall  file  with  the  inspector  of  meters  his  or  her 
complaint  in  writing  substantially  in  the  following  form,  viz:     "I, 

the  undersigned,  residing  at  No street  in  the  city  of 

Danville,  and  using  meter  No ,  do  hereby  com- 
plain that  I  believe  said  meter  to  be  incorrect  and  hereby  request  the 
inspector  of  meters  of  said  City  of  Danville  to  examine  the  same. 

Dated    at    Danville,    Illinois,    this day    of 19 ,"   and 

shall  deposit  the  sum  of  twenty-five  cents  with  such  inspector  of 
meters  as  a  fee;  thereupon  such  inspector  shall  proceed  to  examine 
and  test  such  meter  as  soon  as  practicable  thereafter.  And  if  such 
meter,  upon  such  inspection,  is  found  correct,  the  same  shall  be  re- 
placed and  the  fee  deposited  shall  become  the  property  of  the  city. 
If,  however,  said  meter  is  found  to  be  incorrect,  then  the  said  fee 
shall  be  returned  to  the  complainant,  and  the  person  or  corporation 
owning  said  meter  shall  thereupon  pay  a  fee  of  twenty-five  cents  to 
such  inspector  of  meters.  Upon  failure  so  to  do,  the  said  sum  may 
be  recovered  by  said  city  in  an  action  by  it  against  the  owner  of  said 
meter  to  be  begun  after  five  days'  notice  in  writing  has  been  given 
by  said  inspector  to  such  owner. 

765.  Fees  belong  to  city.]  §  6.  All  fees  collected  by  the  in- 
spector of  meters  shall  be  accounted  for  and  paid  over  by  him  to  the 
city  treasurer  and  shall  be  the  property  of  the  city. 

766.  Penalty.]  §  7.  Any  person,  firm  or  corporation  who  shall 
wnlfull>'  x'iolatc  any  of  the  provisions  of  this  chapter,  shall  be  subject 
to  a  fine  of  not  less  than  three  dollars  nor  more  than  twenty  dollars 
for  each  violation. 


GENERAL    ORDINANCES  247 


CHAPTER  XIX. 
MISDEMEANORS. 

767.  Animals  unfastened.]  §  1.  Whoever  shall  leave  any 
horse,  mule  or  other  animal  attached  to  any  vehicle  or  conveyance, 
in  any  uninclosed  place,  without  being  securely  fastened  or  guarded, 
so  as  to  prevent  its  running  away,  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars. 

768.  Assaults,  Etc.]  §  2.  Whoever  shall  be  guilty  of  an  assault, 
or  of  an  assault  and  battery,  or  of  an  affray,  or  whoever  shall  make 
an  assault  upon  another  with  a  deadly  weapon,  shall  be  fined  not 
less  than  three  dollars  nor  more  than  two  hundred  dollars. 

769.  Bells  or  Gongs  on  vehicles.]  §  3.  Whoever  shall  drive  or 
run  any  vehicle  upon  or  along  any  of  the  streets  or  alleys  of  this  city 
with  any  bell  or  gong  attached,  in  such  manner  as  to  be  constantly 
or  periodically  sounded  by  means  of  any  attachment  to  the  wheel 
or  wheels,  or  to  any  other  part  of  such  vehicle,  or  which  shall,  in  any 
manner,  sound  periodically,  shall  be  fined  not  less  than  one  dollar 
nor  more  than  ten  dollars  for  each  offense. 

770.  Bees  in  the  city  limits.]  §  4.  Whoever  shall,  within  the 
corporate  limits  of  this  city,  keep  and  maintain  any  bees,  shall  be 
fined  not  less  than  three  dollars  nor  more  than  twenty-five  dollars 
for  each  offense. 

771.  Bill  boards.]  §  5.  Whoever  shall- erect,  keep  or  maintain 
any  bill  board  or  board  for  advertising,  upon  any  public  ground  or 
place,  or  upon  any  private  premises  adjacent  to  any  side-walk,  street 
or  footway,  in  such  manner  as  to  occasion  danger  or  inconvenience 
to  the  public,  shall  be  deemed  guilty  of  a  nuisance,  and  be  fined 
not  less  than  five  dollars  nor  more  than  twenty  dollars. 

772.  Billposting.]  §  6.  Whoever  shall,  without  the  consent  of 
the  ow^ner  or  occupant  of  the  premises,  post  or  place  any  handbill, 
showbill,  placard  or  notice,  or  paint  any  sign  or  advertisement 
upon  any  tree,  fence,  wall,  barn,  outhouse,  telephone,  telegraph, 
electric  light  or  street  railway  pole,  or  building  of  any  kind,  shall  be 
fined  not  less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

773.  Bridge  overloaded.]  §  7.  No  vehicle,  roller,  engine  or 
other  machinery  shall  be  driven,  hauled  or  moved  upon  or  across  any 
bridge,  viaduct  or  culvert  in  said  city,  if  the  combined  weight  of  said 
vehicle,  roller,  engine  or  other  machine,  and  the  load  thereon  shall 
exceed  the  weight  of  fifteen  tons.  No  vehicle,  roller,  engine  or  other 
machinery  shall  be  driven,  hauled  or  moved  upon  or  across  any  bridge, 
viaduct  or  culvert  in  said  city,  if  the  combined  weight  of  said  vehicle, 
roller,  engine  or  machinery  shall  exceed  the  weight  of  seven  and 


24s  GENERAL   ORDINANCES 


one-half  tons,  without  the  written  permit  of  the  city  engineer  first 
had  arcl  obtained.  No  traction  engine  or  other  engine  shall  be 
driven  upon  or  across  any  such  bridge,  viaduct  or  culvert  without 
using  at  least  four  strong,  sound  i^lanks,  each  to  be  not  less  than  ten 
feet  long,  one  foot  wide,  and  two  inches  thick.  Two  of  said  planks 
to  be  kept  constantly  under  the  wheels  of  said  engine  while  crossing 
the  said  bridge,  viaduct  or  culvert.  Any  person  who  shall  by  himself, 
his  agent  or  servants  \'iolate  any  of  the  provisions  of  this  section, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  two  hundred 
dollars  for  each  offense. 

774.  Climbing  on  cars.]  §  8.  An\-  minor  or  other  person, 
who  shall  climb,  jump,  step,  stand  upon,  cling  to,  or  in  any  way  at- 
tach himself  to  any  locomotive,  engine  or  car,  either  stationary  or  in 
motion,  upon  any  part  of  the  track  of  any  railroad,  unless  in  so  do- 
ing he  shall  be  acting  in  compliance  with  law,  or  by  permission  under 
the  lawful  rules  and  regulations  of  the  corporation  then  owning  or 
managing  such  railroad,  shall  be  fined  in  any  sum  not  exceeding 
twenty  dollars. 

775.  Concealed  weapons.]  §  9.  Whoever  shall  carry  con- 
cealed upon  or  about  his  person  any  pistol,  revolver,  derringer, 
bowie-knife,  dirk,  slungshot,  metallic  knuckles,  or  a  razor  as  a  weapon, 
or  any  other  deadly  weapon  of  like  character,  capable  of  being  con- 
cealed upon  the  person,  or  whoever  shall  in  a  threatening  or  boister- 
ous manner  flotirish  or  display  the  same,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  m.ore  than  two  hundred  dollars,  and  in 
addition  to  the  said  penalty  shall,  upon  the  order  of  the  magistrate 
before  whom  such  conviction  is  had,  forfeit  the  weapon  so  carried 
to  the  city;  Provided,  that  nothing  contained  in  this  section  shall 
apply  to  sherilTs,  coroners,  constables,  policemen  or  other  peace 
officers  while  in  the  discharge  of  their  official  duties. 

776.  Disorderly  conduct.]  §  10.  Whoever  shall  disturb  the 
peace,  or  shall  be  guilty  of  any  violent,  tumultuous,  offensive  or 
disorderly  conduct,  or  of  threatening,  traducing,  quarreling,  chal- 
lenging to  fight  or  fighting,  or  shall  use  obscene,  offensive,  profane 
or  vmsccmly  language  to  the  annoyance,  disturbance  or  vexation  of 
another,  or  shall  be  guilty  of  any  conduct  calculated  to  provoke  a 
breach  of  the  peace,  shall  be  fined  not  less  than  three  dollars  nor 
miore  than  one  hundred  dollars. 

777.  Disorderly  house.]  $  11.  Whoever  shall  keep  a  common, 
ill-governed  and  disorderly  house,  to  the  encouragement  of  idle- 
ness, gaming,  drinking,  fornication  or  other  misbehavior,  shall  be 
fined  not  less  than  ten  dollars  and  not  exceeding  two  hundred  dol- 
lars. 


GENER.NL    ORDINANCES  249 


778.  Disturbing  Assembly.]  §  12.  Whoever  wilfully  disturbs 
or  interrupts  any  school,  or  any  assembly  met  for  the  worship  of 
God,  or  any  other  assembly  met  for  a  lawful  purpose,  shall  be  fined 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars. 

779.  Disturbing  funeral.]  §  13.  Whoever  shall  wilfully  inter- 
rupt or  disturb  an\'  funeral  assembly  or  funeral  procession  shall  be 
fined  not  less  than  three  dollars  nor  more  than  two  hundred  dollars. 

780.  Disturbing  peace.]  §  1-1.  Whoever  shall  disturb  the  peace 
and  quiet  of  the  city,  or  of  any  neighborhood,  family  or  person,  by 
loud  and  unusual  noise,  shouting,  blowing  horns,  ye'.ling,  singing, 
whistling,  or  by  tumultuous  and  offensive  carriage,  or  other  boister- 
ous and  unseemly  conduct,  shall  be  fined  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars. 

781.  Disturbing  peace.]  §  15.  No  person,  firm  or  corporation 
shall  use,  or  peniiit-  to  be  used,  any  graphaphone,  phonograph, 
megaphone,  instrument  or  noise,  or  noise  making  device  of  any  de- 
scription, on,  or  in  front  of  the  premises  occupied  in  whole  or  in  part 
by  such  person,  firm  or  corporation,  in  order  to  attract  custom,  or 
advertise  the  business  of  such  person,  firm  or  corporation.  No 
person  shall  disturb,  vex  or  annoy  others,  by  shouting,  singing,  or 
by  making  any  other  noise,  in,  or  in  front  of  any  premises,  the  design 
of  which  is  to  attract  the  attention  of  passersby,  or  to  advertise  any 
business  or  amusement.  Whoever  shall  by  himself,  his  agent  or 
servants  or  employe  violate  any  of  the  provisions  of  this  section, 
shall  be  fined  not  less  than  three  dollars  and  not  more  than  one  hun- 
dred dollars  for  each  'offense. 

782.  Draymen's  report.]  §  16.  Every  drayman,  truckman, 
teamster  or  other  person,  who  shall  carry,  transport  or  remove  the 
household  goods  of  another  person  from  any  place  within  the  corj^orate 
limits  of  this  city  to  any  other  place  therein,  or  to  any  place  of  storage, 
or  to  any  railroad  station  within  said  corporation,  shall,  within  eight 
hours  after  such  carriage,  transportation  or  removal,  make  a  report  to 
the  chief  of  police,  stating  therein  the  place  from,  and  the  place  to 
which,  such  removal  is  made,  together  with  the  name  of  the  owner 
of  the  goods  transported.  Any  person,  firm  or  corporation  failing 
to  make  such  report,  at  the  time,  and  in  the  manner  above  men- 
tioned, shall  be  fined  not  less  than  two  dollars  nor  more  than  fifty 
dollars  for  each  offence. 

783.  Drunkenness.]  §  17.  Whoever  shall  be  drtmk  or  shall 
be  in  a  state  of  intoxication  in  any  public  place,  or  in  any  private 
house  or  place,  to  the  annoyance  of  any  person,  shall  be  fined  not 
less  than  two  dollars,  nor  more  than  fifty  dollars. 


250  GENERAL   ORDINANCES 


784.  Firing  cannon,  etc.]  §  18.  Whoever  shall,  in  any  part 
of  the  city,  lire  or  discharge  any  cannon,  anvil,  gun,  pistol,  toy 
pistol,  cap  cane,  or  other  firearms,  or  shall  set  off,  fire  or  explode 
any  torpedo,  fire-cracker,  fire-ball,  rocket,  or  other  fire-works  what- 
ever, or  shall  make  or  kindle  any  bonfire,  shall  be  subject  to  a  penalty 
of  not  less  than  three  dollars  nor  more  than  one  hundred  dollars; 
Provided,  the  discharge  of  fire-arms  by  any  city  officer,  or  other 
person  in  the  discharge  of  any  legal  duty,  shall  not  be  deemed  a 
violation  hereof. 

785.  Fireworks.]  §  19.  No  person,  firm  or  corporation  shall, 
within  the  city  limits  sell,  offer  for  sale  or  have  in  his  or  its  possession 
or  custody,  any  fire  works,  fire  crackers,  torpedoes,  roman  candles, 
sky  rockets,  toy  pistols,  cap  canes  or  other  fire  works,  or  pyrotechnic 
display,  under  a  penalty  of  not  exceeding  one  hundred  dollars  for 
each  and  every  offence. 

786.  Gaming.]  §  20.  Whoever  shall  play  for  money  or  other 
\-aluablc  thing,  at  any  game  with  cards,  dice,  checks,  or  at  billiards, 
or  with  any  article,  instrument  or  thing  whatsoever,  which  may  be 
used  for  the  purpose  of  gaming,  or  shall  bet  on  any  game  others 
may  be  playing,  shall  be  fined  not  less  than  ten  dollars  and  not  ex- 
ceeding one  hundred  dollars. 

787.  Gaming  devices.]  §  21.  That,  whoever,  in  any  room, 
saloon,  inn,  ta\'crn,  shed,  booth  or  building  or  inclosure,  or  in  any 
part  thereof,  operates,  keeps,  owns,  rents  or  uses  any  clock,  joker, 
tape  or  slot  machine,  or  any  other  device  upon  which  money  is  staked, 
or  hazarded,  or  into  which  money  is  paid  or  played  upon  chance, 
or  upon  the  result  of  the  action  of  which  money  or  other  valuable 
thing  is  staked,  bet,  hazarded,  won  or  lost,  upon  conviction  shall  be 
fined  not  less  than  twenty-five  dollars  nor  more  than  two  hundred 
dollars:  Provided,  that  nothing  herein  shall  operate  to  prevent  the 
seizure,  confiscation  or  destruction  thereof  as  elsewhere  provided. 

788.  Destruction — procedure.]  §  22.  That  whenever  any  table, 
instrument,  de\-icc  or  thing  used  for  the  purpose  of  unlawful  gaming 
is  seized  by  any  member  of  the  police  force  while  the  same  is  being 
actually  used  for  the  purpose  of  unlawfully  gaming  for  money  or 
other  valuable  thing,  at  and  within  the  corporate  limits  of  this  city; 
or  whenever  any  such  tabic,  instrmiient,  device  or  thing  shall  be 
seized  under  and'  by  virtue  of  any  search  warrant  issued  as  provided 
in  and  by  the  ordinances  of  this  city,  the  same  shall  be  immediately 
brought  by  the  officer  so  seizing  the  same,  before  the  police  magistrate 
of  this  city,  whereupon  the  question  of  whether  or  not  such  property 
is  being  used  unlawfully  for  the  purpose  of  gaming  for  money  or  other 
valuable  thing  shall  be  determined  as  nearly  as  may  be  in  the  manner 
following : 


GENERAL    ORDINA.NCES  251 


If  such  property  was  seized  without  a  warrant,  the  officer  seizing 
the  same  shall  make  complaint  in  writing,  verified  by  his  affidavit, 
particularly  describing  the  property,  alleging  the  use  to  which  it 
has  been  put,  and  the  place  where,  and  the  person  from  whom  taken, 
and  if  the  name  of  such  person  be  unknown,  the  complaint  shall  so 
state. 

When  such  property  is  brought  before  him,  said  police  magistrate 
shall  docket  the  case  as  follow^:  "In  the  matter  of  certain  personal 
property  alleged  to  be  unlawfully  used  for  gaming,"  and  by  an  entry 
upon  his  docket  shall  also  describe  the  same,  and  inention  the  place 
where,  and  the  person  from  whom  the  same  was  taken.  Thereupon 
a  summons  shall  issue  as  in  civil  suits,  directing  the  owner,  by  name, 
if  known,  and  the  person  in  possession,  by  name,  if  known,  or  if  in 
either  case  it  be  unknown,  then  by  that  designation,  to  be  and  appear 
before  the  said  police  magistrate  at  an  hour  and  on  a  day  to  be  there- 
in fixed,  not  less  than  three  (3)  nor  more  than  five  (5)  days  thereafter, 
to  claim  the  said  property,  or  to  defend  the  same  against  the  charges 
made,  which  said  summons  shall  be  served  by  reading  at  least  two 
days  before  'the  time  set  for  the  hearing. 

If  neither  the  owner  nor  the  person  in  possession  can  be  found 
within  said  city  to  be  served  with  said  smnmons,  or  if  the  names  of 
both  of  them  be  unknown,  then  upon  the  return  of  such  summons  a 
notice  shall  be  posted  in  three  (3)  public  places  of  this  city  notifying 
all  persons  claiming  such  property  to  be  and  appear  before  said 
police  magistrate  at  an  hour  and  upon  a  day,  to  be  therein  fixed, 
not  less  than  three  (3)  nor  more  than  five  (5)  days  thereafter,  and 
then  and  there  claim  the  said  property  and  defend  the  same  against 
the  charges  made,  and  that  otherwise  the  same  will  be  forfeited. 
Thereupon  at  the  time  fixed  in  the  said  summons,  if  the  same  be 
personally  served,  or  otherwise,  at  the  time  fixed  in  such  notice, 
the  said  police  magistrate  shall  proceed  to  a  hearing  upon  the  ques- 
tion of  whether  or  not  such  property  is  being  put  to  such  unlawful 
use  as  alleged,  which  hearing  shall  be  conducted  as  nearly  as  may 
be  in  manner  and  fonn  as  hearings  in  civil  cases  are  conducted 
before  justices  of  the  peace  under  the  statutes  of  this  State.  And 
if  it  be  adjudged  that  such  table,  instrument,  device  or  other  thing 
is  unlawfully  used  for  the  purpose  of  gaming  for  money  or  other 
valuable  thing  such  police  magistrate  shall  enter  his  finding  upon  his 
docket,  and  shall  also  enter  an  order  directing  the  Chief  of  Police  or 
any  or  all  other  members  of  the  police  force  to  destroy  the  same  by 
publicly  burning  the  same. 

789.  Penalty.]  §  23.  Any  person  resisting  or  obstructing  any 
police  officer  in  the  seizure  or  destruction  of  any  gaming  implement, 
or  whoever  shall  keep  or  suffer  to  be  kept  in  any  place  occupied  by 
him,  any  im])lements  such  as  are  used  in  gaming,  in  order  that  the 


252  GENERAL    ORDINANCES 


same  may  for  hire,  gain  or  reward  be  used  for  the  purpose  of  gaming, 
or  whoever  suffers  any  implement  of  that  kind  to  be  used  upon  his 
premises  or  any  part  thereof,  for  the  purpose  of  gaming  for  money 
or  other  property,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  dollars. 

790.  Gaming  house.]  §  24.  Whoever  shall  keep  or  maintain 
any  gaming  house  or  room,  or  any  place  where  gaming  or  betting 
of  any  kind  is  done  or  going  on,  or  whoever  shall  procure  or  permit 
any  persons  to  come  together  in  any  house,  rooms  or  place  occupied 
or  owned  by  him,  or  under  his  control,  for  the  purpose  of  playing 
at  any  game  for  money  or  other  valuable  thing,  or  anything  repre- 
senting or  intended  to  represent  money  or  other  thing  of  value,  or 
shall  permit  any  such  persons  to  play  at  any  such  game  aforesaid 
when  they  have  come  together  in  any  such  room,  house  or  place 
as  aforesaid,  or  whoever  shall  keep  or  permit  to  be  used  in  any 
building,  room,  yard,  or  place  occupied,  controlled  or  owned  by 
him,  or  shall  have  in  his  possession  any  keno  or  faro  table,  faro  bank, 
roulette  or  other  gaming  implement,  instrument,  device  or  thing 
commonly  used  for  the  purpose  of  gaming,  shall,  in  either  case,  be 
fined  not  less  than  twenty-five  dollars,  nor  more  than  two  hundred 
dollars. 

791.  Gaming  houses — inmates.]  §  25.  Whoever  shall  be  an 
inmate  of  any  gaming  house,  or  any  room  or  place  kept  for  the  pur- 
pose of  gaming,  shall  be  fined  not  less  tkan  ten  dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 

792. .  House  of  ill-fame.]  §  26.  Whoever  shall  keep  or  maintain 
any  bawdy  house,  house  of  ill-fame  or  of  assignation,  or  any  room 
or  place  for  the  practice  of  prostitution  within  said  city  or  within 
three  miles  from  the  outer  boundaries  thereof,  or  shall  knowingly 
suffer  or  pennit  .any  premises  owned  or  occupied  by  him  or  under  his 
control  within  said  city  or  within  the  limits  aforesaid,  to  be  used  for 
that  ]3urpose,  shall  be  fined  not  less  than  twenty-five  dollars,  nor 
more  ihan  one  hundred  dollars. 

793.  Inmate  of  house  of  ill-fame.]  §  27.  Whoever  shall  be  an 
inmate  of  any  bawdy  house,  house  of  ill-fame,  or  any  room  or  place 
kept  for  the  purpose  of  prostitution,  situated  within  said  city,  or 
within  three  miles  of  the  outer  boundaries  thereof,  or  shall  in  any 
way  contribute  to  the  support  thereof,  or  be  connected  therewith,  or 
whoever  shall  be  found  therein,  shall,  for  each  offense,  be  fined  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars 

794.  Idling  about  depots.]  §  28.  Any  person  who  shall  idle, 
loaf,  or  loiter  in  or  around  the  depot  of  any  railway,  or  upon  the 
platforms  or  grounds  adjoining,  used  in  connection  therewith,  and 
any  person  who  shall  idle,  loaf,  or  loiter  upon  any  fence  upon  said 


GENERAL    ORDINANCES  253 


grounds,  in  such  a  way  as  to  impede  or  obstruct  or  annoy  or  be 
offensive  to  persons  passing  to  and  from  said  depot,  or  waiting  there, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

795.  Indecent  exposure.]  §  29.  Whoever  shall  be  guilty  of 
open  lewdness,  disorderly  conduct,  or  of  any  indecent  exposure  of 
person,  or  of  any  indecent  exhibition  of  any  animal  in  any  place 
exposed  to  public  view,  or  of  any  other  notorious  act  of  indecency, 
tending  to  debauch  the  public  morals,  shall  be  fined  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars. 

796.  Leasing  premises  for  gaming.]  §  30.  Whoever  shall 
knowingly  rent  or  lease  to  another  any  building,  room  or  premises, 
to  be  used  or  occupied,  in  whole  or  in  part,  as  a  gaming  house,  or 
place  for  persons  to  come  together  and  gamble,  or  whoever  shall 
knowingly  permit  the  same  to  be  so  used,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  two  hundred  dollars. 

797.  Leasing  premises  for  prostitution.]  §  31.  Whoever  shall 
knowingly  rent  or  lease  to  another  an}'  building,  room  or  premises,  to 
be  used  in  whole  or  in  part,  as  a  house  of  ill-fame,  bawdy  house  or 
place  for  the  practice  of  fornication  or  adultery,  or  whoever  shall 
knowingly  suffer  or  permit  the  same  to  be  so  used,  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  two  hundred  dollars. 

798.  Loitering  of  boys  about  churches.]  §  32.  It  shall  be  un- 
lawful for  boys  to  loiter  or  congregate  upon  the  streets,  sidewalks 
or  alleys  of  this  city  in  the  vicinity  of  any  church,  school,  theater, 
hotel,  railroad  depot,  store,  factory  or  other  public  place,  to  the 
annoyance  or  disturbance  of  any  person  or  persons.  Any  two  or 
more  boys  who  shall  be  loitering  or  strolling  about  the  streets  or 
alleys,  or  who  shall  congregate  upon  the  streets,  sidewalks,  or  alleys 
of  the  city  in  the  vicinity  of  any  such  church,  school,  theater,  hotel, 
railroad  depot,  store,  factory  or  other  public  place,  and  who  shall 
refuse  to  disperse  and  go  to  their  respective  homes  when  requested 
to  do  so  by  any  member  of  the  police  force  or  by  any  person  annoyed 
thereby,  shall,  upon  conviction,  be  fined  not  less  than  one  dollar,  nor 
more  than  ten  dollars  for  each  offense. 

799.  Loitering  about  school  buildings.]  §  33.  Any  person  who 
shall  idle,  loaf  or  loiter,  in  and  around  any  school  building,  or  upon 
any  part  of  said  school  building  or  grounds  adjoining  used  in  con- 
nection therewith,  shall  be  fined  not  less  than  three  dollars  nor  more 
than  fifty  dollars  for  each  offense. 

SCO.  LoiterLig  on  streets  forbidden.]  §  34.  No  minor,  under 
the  age  of  sixteen  years,  shall,  after  the  hour  of  nine  o'clock  p.  m., 
from  April  1st  to  November  1st,  nor  after  the  hour  of  8  o'clock  p.  m., 
from  November  1st  to  April  1st,  next  following,  loiter,  wander  or 


254  GRNKRAL   ORDINANCES 


stroll  about  in  the  ni^ht,  on  anj'  of  the  publie  streets,  avenues,  alleys, 
lanes,  coininons,  or  in  the  public  parks  of  said  city,  or  upon  any 
depot  grounds  or  building  or  other  public  place,  unless  upon  some 
lawful  errand,  and  sent  by  the  direction  and  with  the  knowledge 
and  consent  of  the  parent,  guardian  or  other  person  having  the  legal 
custody  and  control  of  such  child,  under  a  penalty  of  not  less  than  one 
dollar  nor  more  than  twenty-fi\-e  dollars. 

801.  Loitering  of  prostitutes  on  streets.]  §  35.  Any  lewd 
woman  or  prostitute  who  shall  in  any  manner  ply  her  vocation  upon 
the  streets," alleys,  ptibHc  places  or  parks  of  said  city  by  loitering  or 
in  any  manner  soliciting  to  acts  of  lewdness,  or  who  shall  be  found 
loitering  on  the  streets  during  the  night  time,  shall,  upon  conviction, 
be  fined  not  less  than  three  dollars  nor  more  than  one  hundred  dol- 
lars for  each  oiifense. 

802.  Lotteries.]  §  36.  Whoever  shall  maintain  or  run  or  be  in 
any  way  connected  with  any  lottery,  or  in  any  other  enterprise  or 
business,  by  whatever  name  the  samje  may  be  known,  wherein  any 
property  is  sold  or  disposed  of  by  chance,  or  whoever  shall  sell  or 
dispose  of  any  lottery  ticket  or  share  or  any  chance,  or  any  article  or 
thing  entitling  or  purporting  to  entitle  the  purchaser  thereof  to  any 
chance,  or  whoever  shall  sell  or  dispose  of  any  package  or  article 
purporting  to  contain  a  prize,  or  where  as  an  inducement  it  is  held 
out  that  such  article  or  package  may  contain  a  prize  or  may  entitle 
the  purchaser  to  som.e  article  or  thing  of  value  not  directly  contem- 
plated and 'known  in  the  purchase,  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  two  hundred  dollars  for  each  offense. 

803.  Malicious  mischief.]  §  37.  Whoever  shall  wilfully  and 
maliciously  tear  up,  injure,  deface  or  destroy  any  sidewalk,  curbing, 
street  paving,  or  crossing  upon  any  street,  alley  or  public  ground; 
or  any  fire-alarm,  or  sewer,  drain,  or  any  other  municipal  improve- 
ment; or  any  building  or  bridge,  or  any  other  property,  real  or  per- 
sonal, belonging  to  the  city;  or  any  propert}^  used  in  any  business 
impressed  with  a  public  interest  and  usually  designated  as  a  public 
.service  corporation,  viz:  water  works,  gas,  electric  light,  telephone, 
street  railway  or  steam  heating  companies;  or  who  shall  maliciously 
and  wilfulh^  interfere  or  meddle  in  any  way  with  the  operation  of  any 
such  business  as  before  enum.erated,  shall,  in  either  case,  be  fined  not 
less  than  ten  dollars  nor  more  than  two  hundred  dollars. 

804.  Obscene  books.]  §  3<S.  Whoever  shall  bring  within  the 
limits  of  said  city,  for  the  purpose  of  sale  or  exhibition,  or  shall  sell  or 
offer  to  sell,  or  shall  give  away,  or  offer  to  give  away,  or  shall  in  an}' 
manner  exhibit,  or  shall  make,  draw,  print,  or  publish  any  obscene, 
indecent  or  scandalous  book,  pamphlet,  newspaper,  journal,  print, 
publication,  paper  or  writing  of  any  kind,  or  any  obscene,  indecent 


GENERAL    ORDINANCES  255 


or  lewd  picture,  drawing,  engraving,  card,  photograph,  model,  cast 
or  instrument,  or  any  article  of  indecent  or  immoral  use,  or  who- 
ever shall  keep  or  have  in  his  possession,  within  said  city,  any  of 
the  obscene  or  indecent  articles  or  things  aforesaid  mentioned,  with 
or  without  intent  to  sell  or  dispose  of  the  same,  shall,  in  either  case 
on  conviction,  be  fined  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars. 

805.  Obscene  writing,]  §  39.  Whoever  shall,  in  any  place 
open  to  public  \dew,  write,  mark,  draw,  cut  or  make  any-  obscene 
or  indecent  word,  sentence,  design  or  figure,  shall  be  fined  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars. 

806.  Possession  of  burglar  tools.]  §  39|.  Whoever  shall  have 
in  his  possession  any  nippers  of  the  description  known  as  burglar's 
nippers,  or  any  picklock,  skeleton  key,  key  to  be  used  with  a  bit  or 
bits,  jimmy  or  other  burglar's  tool  or  instrument  of  whatever  kind 
or  description,  unless  it  be  shown  that  such  possession  is  innocent 
or  for  a  lawful  purpose,  shall  be  fined  not  less  than  twenty-five 
dollars,  nor  more  than  two  hundred  dollars. 

807.  Prize  fighting.  §  40.  Whoever  shall  send,  pubHsh,  or 
cause  to  be  sent  or  published  or  otherwise  made  known,  any  challenge 
to  fight  what  is  commonly  known  as  a  pri^e  fight;  or  shall  accept  any 
such  challenge;  or  shall  go  into  training  preparatory  to  any  such 
fight;  or  act  as  trainer  for  any  such  person  contemplating  participa- 
tion in  any  such  fight;  or  engage  in  any  such  fight;  or  is  present  at 
such  fight,  as  an  aid,  second  or  surgeon,  or  a  witness;  or  aids,  advises, 
encourages  or  promotes  any  such  fight;  or  suffers  or  permits  the  same 
to  take  place  in  any  place  owned  by  him  or  under  his  control,  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  two  hundred  dollars. 

808.  Purchasing  from  miiiors.]  §  41 .  No  junk  dealer  or  second- 
hand dealer,  keeper  of  a  junk  store,  or  keeper  of  a  second-hand  store, 
shall,  by  himself  or  another,  purchase  or  receive,  directly  or  indirectly, 
from  any  minor,  any  article  whatsoever,  without  the  written  consent 
of  the  parent  or  legal  guardian  of  such  minor.  Any  person,  firm  or 
corporation  violating  the  provisions  of  this  section  shall  be  fined  not 
less  than  twenty-five  dollars,  nor  more  than  one  hundred  dollars  for 
each  offense. 

809.  Sling  shots,  etc.]  §  42.  The  use  of  sling  shots,  or  similar 
instruments  or  devices,  for  the  projection  or  throwing  of  stones, 
bullets,  or  any  hard  substance,  is  prohibited,  and  likewise  it  is  pro- 
hibited for  any  person  to  have  the  same  in  possession,  under  a  penalty 
in  either  case  of  not  less  than  one  dollar  nor  more  than  twenty  dollars, 
and  it  is  hereby  made  the  duty  of  every  police  officer  to  take  posses- 
sion of  and  destroy  every  such  sling  shot  or  other  instrument. 


256  GENERAL   ORDINANCES 


810.  Sunday— business.]  §  43.  Whoever  shall,  on  the  first 
day  of  the  week,  commonly  called  Sunday,  keep  open  his  place 
of  business  or  pursue  his  daily  business  or  avocation,  or  shall  require 
any  hand,  servant,  or  employe  to  work  at  such  business  on  said  day, 
works  of  necessity  and  charity  in  all  cases  excepted,  shall  be  fined 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars. 

811.  Sunday — amusements.]  §  44.  Whoever  shall  on  Sunday 
be  guilty  of  any  noise,  rout  or  amusement,  whereby  the  i^eace  of 
any  private  family  may  be  disturbed,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars. 

812.  Trespass.]  §  45.  Whoever  shall  be  found  trespassing 
upon  the  premises  of  another  within  said  city,  or  whoever  shall 
trespass  upon  any  private  premises,  or  public  grounds,  or  injure, 
destroy  or  carry  away  any  flower,  fruit,  vegetable,  plant,  shrub, 
tree  or  other  thing,  which  may  be  there  for  ornament  or  otherwise, 
shall  be  subject  to  a  penalty  of  not  less  than  one  dollar  and  not 
exceeding  one  hundred  dollars. 

813.  Unlawful  assembly.]  §  46.  Any  two  or  more  persons 
who  shall  assemble  for  the  purpose  of  disturbing  the  peace,  or  of 
committing  any  unlawful  act,  and  who  shall  not  disperse  when  com- 
manded or  requested  by  any  peace  officer,  shall,  each  and  severally, 
be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  not  ex- 
ceeding one  hundred  dollars. 

814.  Unlawful  assemblage  permitting.]  §  47.  Whoever  shall 
knowingly  suffer  or  permit  any  assemblage  for  the  purpose  of  dis- 
turbing the  peace,  or  of  committing  any  unlawful  act,  or  shall  permit 
any  breach  of  the  peace,  or  any  riotous,  tumultuous,  offensive  or 
disorderly  conduct,  or  any  loud  or  unusual  noise  or  disturbance,  or 
obscene,  offensive,  profane  or  unseemh^  language,  to  the  annoyance, 
disturbance  or  vexation  of  others,  in  or  upon  an 3^  premises  owned 
or  occupied  by  him,  or  under  his  control,  shall  be  subject  to  a  penalty 
of  not  less  than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

815.  Vagrants.]  §  48.  Any  person  who  is  a  vagrant  or  vaga- 
bond, or  whoever  is  guilty  of  vagrancy,  as  defined  by  the  Statutes  of 
this  State,  shall  be  fined  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

816.  Accessories.]  §  49.  Whoever  aids,  abets,  assists,  advises, 
or  encourages  the  commission  of  any  act  prohibited  by  ordinance, 
or  by  any  indirect  means  procures  any  such  offense  to  be  committed, 
or  whoever  commits  an  offense  through  the  intervention  of  an  agent, 
servant,  employe  or  person  under  his  control,  shall  be  deemed  guilty 
to  the  same  extent,  and  may  be  proceeded  against  in  the  same  man- 
ner as  though  said  offense  had  been  committed  bv  him  directlv  and 


GENERAL    ORDINANCES  ~  257 


with  his  own  hand;  and  any  such  agent,  servant,  or  other  person, 
doing  any  prohibited  act  for  and  on  behalf  of  another  shall  be  deemed 
guilty  of  such  act  equally  with  his  employer  or  principal,  and  be  sub- 
ject to  the  same  penalty,  except  in  such  cases  where  a  different  or 
other  penalty  is  provided  by  ordinance  for  such  agent  or  employe. 

817.  Attempt.]  §  50.  Whoever  attempts  to  commit  any  offense 
prohibited  by  ordinance,  and  does  any  act  toward  it  but  fails,  or  is 
intercepted  or  prevented  in  its  execution,  where  no  express  provision 
is  made  by  ordinance  for  the  punishment  of  such  attempt,  shall,  on 
conviction  of  such  attempt,  be  subject  to  the  same  penalty  as  by 
ordinance  prescribed  for  the  actual  commission  of  the  offense. 


CHAPTER  XX. 
NUISANCES. 


818.  Enumeration.]  §  1.  It  is  hereby  declared  to  be  a  public 
nuisance : 

First — To  cause  or  suffer  the  carcass  of  any  animal  or  any  offal, 
filth  or  noisome  substance  to  be  collected  or  remain  upon  any  prem- 
ises or  place  to  the  prejudice  of  others. 

Second — To  suffer  any  premises  where  any  animal  is  kept,  to  be- 
come nauseous,  foul  or  offensive  to  any  neighborhood,  family  or 
person. 

Third — To  throw  or  deposit  any  offal  or  other  offensive  matter 
or  the  carcass  of  any  animal  in  any  water  course,  lake,  pond,  spring, 
well,  or  street,  alley,  public  highway  or  park. 

Fourth — To  suffer  any  cellar,  vault,  drain,  privy,  yard  or  premises 
to  become,  from  any  cause,  foul  and  offensive  or  injurious  to  public 
health. 

Fifth — To  deposit  or  permit  to  remain  upon  any  premises  or  pub- 
lic street  or  alley,  slops,  animal  or  vegetable  matter  of  any  kind 
which  is  or  is  likely  to  become  putrid  and  offensive. 

Sixth — To  permit  foul  or  stagnant  water  to  stand  upon  any  prem- 
ises to  the  prejudice  of  others. 

Seventh — To  permit  the  growth  upon  any  premises  of  any  noxious 
weeds,  such  as  jimpson,  burdock,  ragweeds,  thistles,  cockle  burrs, 
and  the  like  weeds. 

Eighth — To  locate  or  maintain  a  stable,  pig-sty  or  privy  within 
fifteen  feet  of  any  public  street,  or  within  twenty-five  feet  of  any 
residence 


25  S  CHNi: RAI.    ()RI)1\A\|-|-S 


An///;-  To  loc^atc  or  maintain  at  any  place  within  the  citN'-  or  with- 
in a  radius  of  one  mile  without  the  city,  any  slaughter  house,  pack- 
ing house,  rendering  estabHshmcnt  or  bone  factory,  or  to  suffer  or 
permit  any  premises  at  any  i)lace  within  the  limits  aforesaid  used  for 
any  of  the  purposes  aforesaid,  to  become  foul  or  offensive. 

TentJi — To  establish  any  ]iowder  magazine  or  to  store  any  gun- 
powder, dynamite  or  other  explosive  substance  within  twenty  rods 
of  any  building  occupied  for  business  or  residence  ptirposes. 

Eleventh — To  keep  or  store  any  petroleum,  naphtha,  benzine,  coal 
oil  or  any  of  the  products  of  petroleum  or  any  inflammable  or  ex- 
plosive oils,  in  quantity  greater  than  five  barrels  of  fifty  gallons 
each,  within  one  thousand  feet  of  any  dewlling  house,  store-room, 
building,  barn,  shed  or  other  like  structure. 

Twelfth — To  encroach  upon  or  obstruct  any  street,  alley  or  public 
ground  with  any  building,  fence  or  structure  of  any  kind. 

Thirteenth — To  deposit,  or  permit  to  remain  upon  any  premises, 
or  public  street  or  alley,  slops,  animal  or  vegetable  matter  of  any 
kind,  which  is,  or  is  Hkely  to  .become  putrid  or  offensive. 

Fourteenth — To  keep  or  maintain  hogs  or  pigs  within  five  hun- 
dred feet  of  any  residence  building  in  said  city. 

819.  Duty  to  abate.]  §  2.  It  is  hereby  made  the  duty,  jointly 
and  severally,  of  every  person  creating  or  causing  a  nuisance,  and  of 
ever}^  owner  of  property  and  of  every  person  in  possession  or  control 
of  any  premises  upon  which  any  nuisance  may  be  found  or  main- 
tained, to  immediately  abate  the  same. 

820.  Duty  of  officers.]  §  3.  Whenever  any  nuisance  is  found 
to  exist,  it  shall  be  lawful  for  the  mayor,  commissioner  of  health  or 
chief  of  police  to  serve  or  cause  to  be  served,  by  any  policeman  or 
assistant,  a  notice,  written  or  printed,  or  partly  printed  and  partly 
written,  upon  the  ]3erson  or  persons  whose  duty  it  is  above  declared 
to  be  to  abate  such  nuisance,  directing  such  person  or  persons  to 
abate  the  same  within  a  certain  time,  therein  to  be  stated,  viz: 
in  case  of  a  nuisance  falling  within  the  divisions  of  one  to  seven  above, 
inclusive,  within  forty -eight  hours,  and  in  case  of  a  nuisance  falling 
within  the  divisions  eight  to  fourteen  inclusive,  within  five  days  after 
the  service  of  notice:  Provided,  that  nothing  herein  shall  operate 
to  abridge  the  right  of  the  city  to  sue  for  the  penalties  incurred 
without  first  giving  such  notice. 

821.  City  may  abate.]  §  4.  If  such  person,  after  being  served 
with  notice  as  pro\'idcd  in  the  foregoing  section,  shall  not  within  the 
time  specified  in  the  notice  abate  such  nuisance,  the  same  shall  be 
abated  by  the  officers  of  the  city,  and  an  accurate  account  of  the 
expense  shall  be  made,  and  suit  shall  forthwith  be  brought  against 


GENERAL    ORDINANCES  .    259 


the  person  or  persons  aforesaid,  in  any  court  of  competent  jurisdic- 
tion, to  recover  such  expense. 

822.  Penalty.]  §  5.  Whoever  shall  cause  or  maintain  a  public 
nuisance  aforesaid,  and  whoever  being  the  owner  of,  or  in  the  posses- 
sion or  control  of  an}'  premises  upon  which  any  such  nuisance  is  found 
or  maintained  or  suffered  to  exist,  shall  knowingly  maintain  or  suffer 
the  same  to  exist,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars  nor  more  than  one  hundred  dollars  for  each' offense.  And 
likewise  any  of  the  persons  aforesaid  who,  after  being  served  with 
notice  as  specified  in  section  three  above,  shall  fail  to  abate  any  such 
nuisance  within  the  time  stated,  shall  be  subject  to  a  like  penalty  as 
is  above  prescribed,  and  also  to  a  further  penalty  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars  for  each  day  the  same 
is  suffered  to  remain  after  the  expiration  of  said  notice. 

823.  Removal  of  dead  animals.]  §  6.  Whenever  any  animal 
of  the  species  of  horse,  mule,  ass,  cattle,  swine,  sheep  or  goat,  shall 
die  or  be  found  dead  in  this  city,  the  owner  of  or  person  in  possession 
thereof  shall  immediately  notify  the  Chief  of  Police,  to  the  end  that 
the  sam^e  may  be  removed  by  such  person  or  persons,  if  any,  with 
whom  the  city  may  have  a  contract  for  the  removal  of  such  animals ; 
but  in  case  such  animal  is  skinned  and  its  hide  removed  it  is  under- 
stood that  such  animal  will  not  be  removed  by  such  person  or  persons 
as  have  the  contract  aforesaid,  and  in  such  case  the  ovv^ner  or  person 
in  possession  must  remove  such  animal  within  twelve  hours  after  its 
death,  under  a  penalty  of  not  less  than  ten  dollars  nor  more  than 
fifty  dollars. 

824.  Sanitary  regulations.]  §  7.  All  privies  must  be  provided 
with  vaults  at  least  three  deep  feet,  and  the  same  must  be  provided  with 
a  substantial  wall  lining  and  frame  work.  No  privy  shall  be  placed 
over,  nor  any  sanitary  sewage  emptied  into,  any  well.  All  drains 
carrying  sewage  must  empty  into  dry  wells  or  sanitary  sewers,  and 
shall  in  no  case  open  out  on  the  street,  or  the  surface  of  the  ground 
within  the  district  known  as  the  fire  limits;  all  sewerage  must  be  con- 
nected with  the  sanitary  sewers,  and  no  privy  vaults  nor  dry  wells 
shall  be  used. 

Any  person  violating  any  of  the  provisions  of  this  section  shall 
be  fined  not  less  than  five  dollars  nor  more  than  one  hundred  dollars 
for  each  offense. 


CHAPTER  XXI. 
OFFICERS. 


825.  To  be  appointed — term.]  §  1.  There  shall  be  appointed 
annually  by  the  mayor  with  the  approval  of  the  city  council,  for  the 
term  of  one  year,  beginning  with  the  fiscal  year,  the  following  officers, 


260  GENERAL    ORDINANCES 


viz:  City  enj^ineer,  corporation  counsel,  collector,  commissioner  of 
health,  electrician,  commissioner  of  buildings,  j^lumbing  inspector, 
chief  of  police,  night  captain,  desk  sergeant,  turnkey,  fire  chief, 
assistant  fire  chief,  six  captains  of  fire  department,  and  such  number 
of  patrolmen  and  firemen  and  park  custodians  as  may  from  time  to 
time  be  lawfully  provided  for. 

826.  Oath.]  §  2.  Every  officer,  whether  elected  or  appointed, 
shall  before  entering  upon  the  duties  of  office,  take  and  subscribe 
an  oath  or  affinnation  which  may  be  substantially  in  the  following 
form,  viz: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of  the 
United  States,  the  Constitution  of  the  State  of  Illinois,  and  will  faithfully  dis- 
charge the  duties  of  the  office  of of  the  Citv  of  Danville, 

Illinois,  according  to  the  best  of  my  ability." 

827.  Bonds.]  §  3.  Every  officer  of  the  city  (except  alder- 
men) shall  execute  a  bond  before  entering  upon  the  duties  of  office, 
with  good  and  sufficient  security,  to  be  approved  by  the  council, 
payable  to  the  City  of  Danville,  conditioned  as  hereinafter  provided, 
and  in  the  penal  sums,  respectively,  as  follows,  viz: 

Mayor $     3,000 

Clerk 20,000 

Treasurer  (double  the  estimated  amount  of  all  monevs  com- 
ing into  his  hands) " 200,000 

Corporation  Counsel 2,000 

Attorney 2,000 

Collector 20,000 

Engineer 3,000 

Commissioner  of  Health 2,000 

Commissioner  of  Buildings 2,000 

City  Weigher '. 500 

Plumbing  Inspector 1,000 

Electrician 1 ,000 

Chief  of  Police ■ 2,000 

Night  Captain 2,000 

Desk  Sergeant 1 ,000 

Turnkev ! 1 .000 

Fire  Chief 2,000 

Assistant  Fire  Chief 1,000 

Captain  Fire  Department 1,000 

Policeman 1,000 

Fireman 1,000 

Park  Custodian 1,000 

All  bonds  shall  be  filed  with  the  cleric,  except  the  bond  of  the  clerk, 
which  shall  be  filed  with  the  treasm-er. 


GENERAL   ORDINANCES  261 

828.  Form  of  condition  of  bond.]  §  4.  The  condition  of  the 
oflfacial  bond  of  all  city  officers  shall  be  substantially  as  follows: 

"The  conditions  of  this  obUgation  are  such  that  whereas  the  said  principal 

obligor  was  on   the day  of A.    D.    19 ,   elected    (or 

appointed)  to  the  office  of of  the  City  of  Danville,  Illinois, 

for  the  term  of  years. 

"Now,  therefore,  if  said  principal  obligor  shall  during  the  term  for  which 
he  was  chosen  as  aforesaid,  or  so  long  as  he  shall  lawfully  hold  said  office,  faith- 
fully perform  all  and  singular  the  duties  of  said  office  now  prescribed  or  hereafter 
prescribed  during  said  term,  and  shall  pay  over  all  moneys  received  as  required 
by  law,  and  shall  deliver  up  all  records,  papers  and  property  of  the  city  at  the 
expiration  of  such  term,  or  whenever  demanded  by  proper  authority,  and  shall 
save,  keep  harmless  and  indemnify  said  city  against  any  and  all  loss,  damage  or 
injurv  arising  out  of  the  act  or  default  of  such  officer  in  the  performance  of  his 
official  duties,  or  in  failing  to  perform  the  same,  then  this  obligation  shall  be  null 
and  void;  otherwise  to  remain  in  full  force  and  effect." 

829.  No  officer  to  become  surety  for  another.]  §  5.  No  mem- 
ber of  the  city  council  and  no  person  holding  any  office  in  this  city- 
shall  become  surety  on  the  official  bond  of  any  other  officer  of  this 

city. 

830.  Commission.]  §  6.  All  officers  shall  be  commissioned 
(except  the  clerk,  aldermen  and  mayor),  under  the  hand  of  the 
mayor,  and  clerk,  and  attested  by  the  corporat^^  seal. 

831.  New  bonds.]  §  7.  In  case  any  officer  shall  be  removed 
by  the  mayor  and  restored  by  vote  of  the  council,  or  in  case  any 
surety  upon  the  bond  of  any  officer  shall  withdraw,  or  in  case  any 
surety  upon  an  official  bond  shall  become  insolvent,  or  if  the  city 
council  shall  for  any  reason  so  request  by  resolution,  a  new  bond 
may  be  required  of  such  officer  and  unless  such  new  bond  is  given 
within  ten  days  ,the  office  shall  be  declared  vacant:  Provided,  how- 
ever, nothing  herein  shall  be  construed  as  releasing  any  surety  before 
the  new  bond  is  given  and  approved,  nor  as  releasing  any  default 
occurring  before  such  new  bond  is  given  and  approved. 

832.  '  Account  of  moneys  received.]  §  8.  All  officers  collecting 
any  moneys  belonging  to  the  city  shall  immediately  pay  over  the 
same  to  the  treasurer,  and  shall  at  the  first  regular  meeting  in  each 
month  present  a  full,  itemized  and  true  statement  of  all  amounts 
received  du'ring  the  preceding  calendar  month,  attaching  thereto  a 
duplicate  receipt  of  the  treasurer.  Any  officer  failing  to  so  turn  over 
any  funds  collected  by  him,  or  failing  to  make  an  account  as  above 
required,  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars. 

833.  Records.]  §  9.  All  records,  books,  papers  and  files  per- 
taining to  any  city  office  shall  at  all  reasonable  times' be  subject  to 
inspection  by  other  city  officers  and  by  all  persons  interested  therein. 


262  GENERAL    ORDINANCi:.o 

and  all  officers  shall,  when  requested,  give  all  inlormaiion  in  their 
power  to  the  mayor,  council,  corporation  counsel,  attorney,  or  anv 
department  of  the  city  government. 

834.  Absence.]  § .  10.  No  appointive  officer  shall  be  absent 
from  the  cit>-  without  asking  consent,  which  may  be  given  by  the 
mayor,  if  for  twenty-four  hours  or  less;  and  by  the  city  council,  if 
for  a  longer  period. 

835.  Duties  of  city  clerk.]  §  11.  The  city  clerk  shall  keep 
the  corporate  seal  and  attest  all  papers  therewith  as  required  by 
law;  he  shall  attend  all  meetings  of  the  council  and  keep  a  full  and 
true  record  of  its  proceedings;  shall  keep  a  set  of  books  which  shall 
exhibit  all  appropriations  and  expenditures  and  all  financial  transac- 
tions of  the  cit}';  and  shall  make  monthly  reports  of  the  financial 
condition  of  all  departments;  shall  preserve  all  papers,  files  and 
documents  of  every  natiu-e,  including  all  bills,  arranging  the  same 
methodically  and  systematically,  so  as  to  be  easily  referred  to;  shall 
issue  and  keep  a  record  of  all  warrants  ordered  by  the  council  and 
of  all  licenses  issued;  shall  act  as  the  disbursing  agent  of  all  pay-rolls 
of  the  various  committees;  he  shall  record  and  publish  all  ordinances, 
and  shall  perform  such  other  duties  as  natiirally  pertain  to  said  office 
and  as  directed  by  the  city  council. 

836.  Duties  of  treasurer.]  §  12.  The  treasurer  shall  receive 
all  moneys  belonging  to  the  city  and  shall  keep  a  separate  account 
with  each  fund  and  appropriation;  he  shall  keep  true  accounts  and 
records,  fully  itemized,  of  all  warrants  redeemed  and  paid  by  him, 
and  shall  render  to  the  council  a  verified  report,  at  the  first  regular 
meeting  in  each  month,  of  all  of  his  official  transactions  for  the  pre- 
ceding month. 

837.  Duties  of  city  collector.]  §  13.  The  city  collector  shall 
execute  all  warrants  for  the  collection  of  special  taxes  and  special 
assessments  for  local  improvements,  and  shall  keep  a  full,  .true  and 
itemized  account  and  record  of  all  moneys  received  on  the  same, 
indicating  proper  releases  upon  such  record  for  all  payments  made; 
and  shall  make  report  to  the  council  once  a  month  as  above  specified, 
paying  over  to  the  treasurer  all  moneys  collected;  and^hall  on  or 
before  the  first  day  of  April,  in  each  year,  make  report  under  oath  in 
writing  to  the  county  treasurer  of  all  the  lands,  town  lots  and  real 
property  on  which  he  has  been  unable  to  collect  special  taxes  ard 
special  assessments,  or  any  installment  .thereof,  matured  and  payable 
or  interest  thereon,  and  interest  due  to  the  preceding  second  day  of 
January  on  installments  not  yet  matured,  on  all  warrants  in  his 
hands,  with  the  amount  so  due.  in  manner  and  form  as  required  by  the 
statutes  in  such  case  made  and  pro\Hded. 


GENERAL    ORDINANCES  "  263 


838.  Duties  of  city  attorney.]  §  U.  It  shall  be  the  duty  of 
the  city  attorney  to  prosecute  all  suits  for  the  recovery  of  fines  or 
penalties,  before  any- court,  for  the  violation  of  any  of  the  laws  or 
ordinances  of  said  city,  to  furnish  his  written  opinion  upon  any 
legal  question  submitted  to  him  for  such  opinion  by  the  city  council, 
and  to  attend  all  meetings  of  said  council,  when  requested  so  to  do; 
and  he  shall  also  make  any  reports  concerning .  any  suits  to  which 
the  city  may  be  a  party,  whenever  directed  so  to  do  by  the  council. 
He  shall  also-  assist  the  corporation  counsel  in  all  suits  brought 
against  the  city  or  any  of  its  officers  whenever  called  upon  so  to  do, 
and  when  there  is  no  corporation  counsel  he  shall  perform  all  the 
duties  of  that  office. 

839.  Duties  of  corporation  counsel.]  §  15.  The  corporation 
counsel  shall  attend  the  meetings  of  the  council,  shall  draft  all  ordi- 
nances, shall  furnish  opinions,  orally  or  written,  as  requested  by  the 
council,  on  any  legal  question  concerning  the  rights  or  Habilities  of 
the  city,  shall  advise  the  officials  of  the  city  with  reference  to  their 
duties,  and  shall  draw  all  contracts  and  bonds,  and  conduct  all  legal 
proceedings  in  behalf  of  the  city  in  which  the  city  is  interested, 
directly  or  indirectly,  pending  in  any  court  of  record,  and  shall  pass 
upon  all  fee  bills  of  officers  and  courts  and  the  liability  of  the  city 
therefor. 

840.  Duties  of  city  electrician.]  §  16.  The  city  electrician 
shall  have  charge  of  the  fire  alarm  and  of  all  electrical  apparatus 
belonging  to  the  city,  and  shall  keep  the  same  in  good  working  order; 
he  shall  exercise  a  supervision  over  all  telegraph,  telephone,  electric 
light  and  power  wires  and  apparatus  set  or  strung  in  any  street, 
alley  or  public  ground,  to  see  that  the  same  are  safe,  and  so  as  to 
prevent  injury  in  case  of  accidental  breaking;  and  shall  at  the  request 
of  the  commissioner  of  buildings  examine  and  report  upon  any  plans 
for  wiring  or  lighting  any  building  in  the  city,  and  shall  examine  and 
report  upon  the  work  while  in  progress ;  and  shall  from  time  to  time 
report  to  the  city  council  any  dangerous  construction  or  condition 
of  electrical  wiring  or  appliances  he  may  discover;  and  shall  also 
notify  the 'owner  or  person  in  possession  of  such  dangerous  construc- 
tion to  put  the  same  in  a  safe  and  secure  condition,  and  shall  serve 
as  a  fireman. 

841.  Duties  of  city  engineer.]  §  17.  Whenever  directed  by 
the  mayor  or  council  the  city  engineer  shall  make  out  plans,  speci- 
fications and  estimates  of  any  public  work.  He  shall  also  superin- 
tend the  construction,  inspect  and  measure  the  material  of  all  public 
work.  He  shall  make  surveys  and  establish  grades  and  lines  for 
streets  and  alleys  and  all  public  improvements.  He  shall  also 
superintend  all  labor  and  work  done  in  the  street  and  alley  and 
sewer  departments,  and  keep  the  time  and  make  out  the  pay-rolls 


264  GENERAL    ORDINANCES 


for  the  same.  He  shall  also  ])rcscrve  a  true  and  full  record  of  all 
the  matters  transacted  in  his  department,  and  pertaining  to  his. 
ofifice,  which  record  shall  be  kept  systematically  and  so  as  to  be  easy 
of  reference.  He  shall  have  the  custody  of  all  tools  and  imj^lements 
belonging  to  the  city,  and  see  that  the  same  are  kept  in  proper  rei)air 
and  condition  for  use. 

He  shall  see  that  all  streets,  alleys,  highways,  walks,  cross-walks, 
bridges,  sewers,  and  all  public  grounds  and  parks,  are  kept  in  re])air 
and  in  a  safe  condition  so  as  to  avoid  accidents.  And  shall  perform 
such  additional  duties  as  are  elsewhere  prescribed,  or  which  may  be 
hereafter  imposed  by  law  or  ordinance. 

842.  Annual  report.]  §  18.  In  addition  to  the  monthly  financial 
report  above  mentioned,  every  officer  and  head  of  a  department 
shall,  for  the  information  of  the  council  and  all  other  city  officials, 
annually  make  and  file  a  report,  covering  in  detail  the  transactions 
of  his  department,  and  also  properly  summarizing  the  same,  for  the 
fiscal  year. 

843.  Salaries.]  §  19.  The  salaries  of  all  city  officers  are  hereby 
fixed  at  the  rate  of  the  following  sums  per  annum,  payable  semi- 
monthly, except  the  salary  of  the  mayor,  which  shall  be  paid  quarterly  r 

Mayor' \ ' Sl,500 

City  Clerk 1,80Q 

Treasurer 500 

Corporation  Counsel 1,500 

City  Attorney 600 

Engineer ]  ,500 

Commissioner  of  Health 000 

Commissioner  of  Buildings  (pavable  solelv  out  of  the  fees  of 

his  office) \ " 1,200 

Plum'iing  Inspector 1,200 

Chief  of  Police 1.500 

Night  Captain 1,200 

Desk  Sergeant 900 

Turnkey 900 

Policemen • .  .  .  900 

Fire  Chief 1,500 

Asst.  Fire  Chief 1,200 

Electrician  Sc  Dav  Firemen . '. 1,200 

Captain  No.  1 .  .  ^ 1,020 

Captain  No.  2 1,020 

Captain  No.  3 1,020 

Captain  No.  4 *. 1,020 

Captain  No.  5 1,020 

Captain  No.  6 1 ,020 

Firemen 900 

Park  Custodian  (for  time  emploj^ed,  per  month) 60 


GENERAL    ORDINANCES  265 


844.  Compensation  of  aldermen.]  §  20.  Each  alderman  shall 
Tecei\'e  the  sum  of  three  dollars  for  each  session  of  the  council  attended 
by  him,  payable  quarterly. 

845.  No  salary  while  absent.]  §  21.  No  salary  shall  be  paid  to 
any  officer  while  he  is  al^sent  from  duty  without  leave,  nor  while  he  is 
suspended  from  office  for  his  fault.  Nor  shall  any  salary  be  paid  to 
any  officer  while  he  is  in  default  or  arrears  to  the  city. 

846a.  Compensation  of  city  collector.]  §  22.  The  city  collector 
shall  receive  for  his  services  two  per  cent,  on  all  money  collected  by 
him. 


CHAPTER  XXII. 
ORDINANCES. 


847.  Old  ordinances  in  effect.]  §  1.  All  ordinances  now  in 
force  shall  remain  in  force  until  the  ordinances  hereby  adopted  be- 
come effective,  viz:  until  thirty  days  after  the  date  of  the  publica- 
tion of  this  revision  in  book  form,  and  such  revised  ordinances  shall 
operate  as  a  repeal  only  to  the  extent  of  the  conflict  between  such 
former  ordinances  and  the  present  ones. 

848.  Fines  not  released.]  §  2.  No  fine,  forfeiture,  penalty, 
right  of  action,  suit,  debt  or  other  liability  incurred,  instituted  or 
accrued  before  the  date  that  these  ordinances  take  effect,  shall  be 
released  or  discharged  by  the  passage  of  these  ordinances,  but  the 
same  are  hereby  expressly  reserved  and  excepted. 

849.  Construction  of  words.]  §  3.  In  the  construction  of  all 
ordinances  now  in  force  or  which  may  be  hereafter  enacted,  the 
following  rules  shall  be  observed,  unless  such  construction  would  be 
inconsistent  with  the  manifest  intent  of  the  city  council  in  adopting 
the  ordinance,  or  repugnant  to  the  context  of  such  ordinance,  or 
violative  of  some  principle  of  law,  viz : 

First — All  general  provisions,  terms,  phrases  and  expressions  shall 
be  liberally  construed  in  order  that  the  intent  of  the  council  may  be 
fully  carried  out. 

Second — Words  in  the  present  tense  include  the  future. 

Third — Words  importing  the  singular  number  may  extend  and 
be  applied  to  several  persons  and  things,  and  words  importing  the 
plural  number  may  include  the  singular. 

Fourth — Words  importing  the  masculine  gender  may  be  applied 
to  females. 


266  t-.ENERAL   ORDINANCES 


Fifth — The  word  "person"  or  "persons,"  as  well  as  all  words  re- 
ferring:; to  or  importing'  persons,  may  extend  and  be  applied  to  bodies 
politic  and  corporate  as  well  as  individuals. 

Sixth— The  word  "month"  shall  mean  a  calendar  month. 

850.  General  penalty.]  §  4.  In  all  cases  where  any  act  is 
prohibited  1)\-  any  ordinance  of  this  city,  and  whenever  any  pro- 
vision of  any  ordinance  is  violated,  where  no  other  fine  or  penalty 
is  provided,  a  breach  thereof  shall  subject  the  oflfender  to  a  penalty 
of  not  less  than  five  dollars  nor  more  than  one  hundred  dollars  for 
each  o (Tense. 


CHAPTER  XXIII. 
PARKS. 

851.  Custody.]  §  1.  The  committee  on  public  buildings  and 
grounds  shall  have  charge  and  supervision  of  all  public  parks,  and 
shall  look  after  the  preservation,  repair  and  improvement  of  the 
same.  Such  committee  shall  have  charge  of  all  licenses  and  con- 
cessions for  stands  and  the  like. 

852.  Misdemeanors.]  §  2.  It  is  declared  to  be  unlawful 
within  any  public  park  to  post  or  otherwise  affix  any  bill,  notice, 
sign  or  advertisement  to  any  tree,  fence,  bridge  or  structure  of  any 
kind;  or  to  place  stones,  rubbish  or  garbage  of  any  kind  therein,  or 
to  turn  put  or  graze  any  domestic  animal  therein;  or  to  bathe,  or 
drive  any  animal  into  the  waters  of  such  park;  or  to  light  any  fires, 
or  to  injure,  deface  or  destroy  any  tree,  fence  or  buildings;  or  to 
hitch  any  horse  or  other  animal  to  any  tree ;  or  to  sell  or  offer  for  sale 
any  article  or  thing  without  license;  or  to  conduct  any  exhibition  or 
show  without  license,  under  a  penalty,  for  each  oftense,  of  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars. 

853.  Park  custodian.]  §  3.  For  each  park,  a  custodian  shall 
be  appointed  by  the  m.ayor,  subject  to  confirmation  by  the  council, 
for  the  tenn  of  six  months  each  year,  beginning  May  15,  w'ho  shall 
have  the  powers  of  a  policeman,  and  shall  see  that  the  park  is  kept 
clean  and  in  good  order,  and  that  the  ordinances  and  regulations 
relative-  to  such  park  are  observed  and  enforced. 


CHAPTER  XXIV 
PLATS. 


854.     Additions    to    correspond    with    established    streets.]     §  1. 

Everv  addition  to  the  citv,  or  subdivision  hereafter  made  of  any 


GENERAL    ORDINANCES  267 


lands  in  the  cit}',  shall  be  so  laid  out,  surveyed  and  platted  that  the 
streets  and  alleys  therein  shall  correspond  with  the  previously  estab- 
Hshed  streets  and  alleys,  so  as  to  continue  the  same  in  uniform  line 
and  width. 

855.  Submission  of  plat  to  council.]  §  2.  A  map  or  plat  of 
each  addition  or  subdivision,  made  by  a  competent  surveyor,  signed 
and  acknowledged  by  the  owner;  setting  forth  all  the  streets,  alleys, 
common  or  public  grounds,  also  the  names,  widths,  courses  and 
extent  thereof;  gi^ang  also  the  size  of  the  lots  and  their  numbers; 
fixing  the  location  by  some  definite  monument,  shall  be  filed  with  the 
city  clerk,  by  the  owner,  for  approval  by  the  city  council,  before 
being  filed  for  record  in  the  recorder's  office. 

856.  Certificate  of  approval.]  §  3.  If  the  council  approves 
such  map  or  plat,  a  certificate  of  such  approval  shall  be  endorsed 
thereon,  signed  by  the  mayor,  and  attested  by  the  city  clerk  by  his 
signature  and  the  corporate  seal. 

857.  Penalty.]  §  4.  Whoever  shall  sell  or  offer  for  sale,  or 
lease  for  any  term  exceeding  five  years,  any  lot  or  block  or  parcel, 
of  land  in  this  city,  or  in  any  addition  or  subdivision  thereof,  or  whoever 
shall  file  for  record  with  the  recorder  of  deeds  of  this  county,  any 
map  or  plat  of  any  addition  or  subdivision  of  any  lot  or  block,  before 
all  the  requirements  of  this  ordinance  have  been  fully  complied  with, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars. 


CHAPTER  XXV. 
PLUMBERS  AND  PLUMBING. 


BOARD    OF    EXAMINERS. 

858.  Certificate.]  §  1.  Any  person  desiring  to  engage  in  or 
work  at  the  business' of  plumbing  in  the  city  of  Danville,  either  as  a 
master  plumber,  or  employing  plumber,  or  a  journeyman  plumber, 
shall  obtain  a  certificate  from  the  board  of  examiners  as  hereinafter 
]jrovided  for,  or  froin  some  other  similarly  constituted  board  in  the 
State  of  Illinois,  which  certificate  shall  be  revocable  by  said  board 
for  good  cause  shown 

859.  Examining  board.]  §  2.  There  is  hereby  created  a  board 
of  examiners  of  plumbers.  It  shall  consist  of  three  members,  one 
of  whom  shall  be  the  chairman  of  the  committee  of  health,  who  shall 
be  ex-ofhcio  chairman  of  said  board  of  examiners;  a  second  member 


26(S  GENERAL    ORDINANCES 


who  sliall  be  a  master  plumber,  and  a  third  member  who  shall  be  a 
iournevmait  ])lumber.  Said  second  and  third  members  shall  be 
appointed  by  the  mayor,  and  approved  by  the  eity  council  on  the 
first  day  of  May,  annually,  or  as  soon  thereafter  as  may  be,  and  shall 
hold  office,  for  the  term  of  one  year,  and  until  their  successors  are 
appointed. 

860.  Quorum.]  §  3.  Two  members  of  said  board  of  examiners, 
the  master  and  journeyman  plumber,  shall  constitute  a  quorum  for 
the  transaction  of  business.  The  certificates  must  be  endorsed  by 
the  full  board. 

861.  Examination.]  §  4.  Said  board  of  examiners  shall,  as 
soon  as  may  be  after  the  appointment,  meet  and  shall  then 
designate  the  times  and  places  for  the  examination  of  all  appHcants 
desiring  to  engage  in  or  work  at  the  business  of  plumbing  within 
their  respective  jurisdiction.  Said  board  shall  examine  said  appli- 
cants as  to  their  practical  knowledge  of  plumbing,  house  drainage 
and  ]3lumbing  ventilation,  and  if  satisfied  of  the  competency  of  such 
applicants  shall  thereupon  issue  a  certificate  to  such  applicant  au- 
thorizing him  to  engage  in  or  work  at  the  business  of  plumbing 
whether  as  master  plumber  or  employing  pluinber  or  as  a  journey- 
man plumlDcr. 

862.  Fees.]  §  5.  The  fee  for  a  certificate  for  a  master  plumber 
or  employing  plumber  shall  be  $50.00;  for  journeyman  plumber  it 
shall  be  $1 .00.  Said  certificate  shall  be  valid  and  have  force  through- 
out the  State  for  a  period  of  one  year  from  date  of  issuance,  and  may 
be  renewed  upon  its  expiration  by  payment,  in  advance,  of  an  annual 
renewal  fee  of  $10.00  for  the  certificate  of  a  master  plumber  or  em- 
ploying plumber,  and  the  payment,  in  advance,  of  an  annual  renewal 
fee  of  81.00  for  the  certificate  of  a  journeyman  plumber.  All  fees 
received  for  said  certificate  shall  be  paid  into  the  treasury  of  the  city, 
town,  or  village  where  said  certificates  are  issued. 

863.  Meetings.]  §  6.  The  board  of  examiners  of  plumbers 
shall  meet  on  the  second  Tuesday  of  each  and  every  month  at  the 
office  of  the  plumbing  inspector. 

864.  Renewal  annually.]  §  7.  Master  and  journeyman  plum- 
bers' certificates  must  be  renewed  May  the  first,  each  year,  but  no 
charge  will  be  made  for  issuing  such  renewals. 

PLUMBING    INSPECTOR    AND    PERMITS. 

865.  Inspector.]  §  8.  There  is  hereby  created  the  office  of 
plumbing  inspector,  who  shall  be  appointed  by  the  mayor,  by  and 
with  the  consent  of  the  city  council,  at  the  first  regular  meeting  of 
the  citv  council  in  the  month  of  May,  annually,  or  as  soon  there- 


GENERAL    ORDINANCES  269 


after  as  may  be,  and  shall  hold  office  for  one  year  and  until  his  suc- 
cessor is  appointed,  and  qualified.  He  shall  be  a  journeyman  or 
master  plumber,  holding  a  plumbers'  license  issued  by  some  quali- 
fied board  of  examiners  in  the  State  of  Illinois,  and  shall  have  not 
less  than  five  (5)  years'  experience  in  the  business  of  plumbing. 

866.  Not  to  be  interested — removal.]  §  9.  Said  plumbing 
inspector  shall  not  be  engaged  in  the  occupation  of  plumbing  or  be 
interested,  directly  or  indirectly,  in  any  firm  or  corporation  engaged 
in  the  business  of  plumbing,  during  his  term  of  office.  He  may  be  re- 
moved for  cause  in  the  same  manner  as  any  other  appointive  officer. 

867.  Duties  and  powers.]  §  10.  The  plumbing  inspector  shall 
have  the  authority  of  a  policeman  of  the  City  of  Danville.  He  shall 
be  charged  with  the  enforcement  of  this  ordinance,  and  shall  have  the 
power  to  act  in  all  special  cases  not  distinctly  cov-ered  by  this  ordi- 
nance. He  shall  be  superintendent  of  all  the  sanitary  sewers.  His 
duties  will  be  to  look  after  the  flush-tanks  and  see  that  they  are  kept 
in  working  order.  He  shall  have  charge  of  all  papers  relating  to  this 
ordinance,  the  issuing  of  permits,  the  approval  of  drainage  plans,  and 
the  inspection  of  house  drainage  in  new  or  old  buildings.  He  shall 
keep  a  daily  record  of  his  work.  He  shall  make  a  written  report  to 
the  city  council  at  least  once  a  month,  give  a  synopsis  of  the  year's 
work,  and  making  such  recommendations  as  seem  to  him  valuable 
for  the  improvement  of  sanitary  house  drainage  and  plumbing. 
He  must  see  that  every  plumber  working  at  the  business,  either  as  a 
master  or  a  journeyman  plumber,  has  a  certificate  from  the  board  of 
examiners.  He  shall  have  an  office  in  the  city  hall,  or  at  some  other 
place  designated  by  the  city  council.  His  books  and  records  shall  at 
all  times  be  open  for  inspection  by  the  mayor  or  other  members  of 
the  city  council. 

868.  Inspections.]  §  11.  The  plumbing  inspector  shall  have 
access  during  all  hours  of  the  day-time  to  all  buildings  in  the  City 
of  Danville  for  the  inspection  of  existing  systems  of  drainage,  and 
shall  be  given  every  opportunity  for  a  careful  examination.  If 
the  same  is  unsanitary — that  is  to  say,  is  dangerous  to  health,  it 
shall  be  condemned,  and  the  building  made  sanitary  within  six  days 
after  notice  is  given  in  writing.  Failure  on  the  part  of  the  owner 
to  make  such  changes  as  will  render  said  drainage  or  pluinbing  sani- 
tary shall  subject  the  ofi'ender  to  a  fine  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars 

869.  Fiats.]  §  12.  When  inspecting  the  drainage  of  any 
existing  building  the  inspector  shall  make  a  plat  of  the  same,  to  be 
filed  in  his  office,  v/ith  the  date  and  location  marked  where  changes 
arc  to  be  made.     Such  plat  shall  show  the  proposed  changes. 


270  GENERAL    ORDINANCES 


870.  Fees  for  inspection.]  §  13.  The  inspector  shall  inspect 
the  system  of  drainai^e  in  an}'  buildins;  in  the  City  of  Danville  when 
called  upon  by  the  owner  to  do  so.  The  fee"  for  such  inspection 
shall  be  one  dollar  ($1.00).  He  shall  also  inspect  any  building 
whatsoever  if  called  upon  by  tenant  or  an  adjoining  owner  in  writing, 
and  in  such  cases,  if  the  drainage  is  in  a  sanitary  condition,  no  fee 
shall  be  charged;  but  if  unsanitary,  the  said  drainage  shall  be  re- 
modeled as  ordered  elsewhere  in  this  ordinance,  and  a  fee,  of  the 
same  amount  as  above,  shall  be  charged  to  the  owner  of  the  premises 
for  inspection. 

871.  Certificate  of  inspection.]  §  14.  The  plumbing  inspector 
shall  make  three  ins])cctions  on  work  in  process  of  construction,  and 
give  a  certificate  of  inspection  when  found  to  be  in  accordance  with 
this  ordinance,  viz:  First,  sewer  inspection;  second,  vent  and  waste 
pipes:  third,  when  fixtures  are  set;  and  when  called  upon  he  shall 
also  make  tests  for  leaks. 

872.  Permit  required.]  §  15.  A  pcnnit  for  the  drainage  of 
any  building,  public  or  private,  or  for  the  alteration  in  existing 
systems  of  drainage  shall  be  obtained  from'  the  plumbing  inspector 
before  entering  upon  any  work,  whether  new  work  or  rep^air  work, 
which  permit  shall  be  good  for  one  year  from  date  of  issue.  If 
work  is  not  completed  within  that  time,  the  permit  shall  be  returned 
and  a  new  permit  issued.  Permits  for  connecting  with  a  sewer  or 
tapping  same  shall  be  obtained  from  the  plumbing  inspector.  Per- 
inits  w^ill  be  granted  within  twenty-four  hours.  All  permits  shall 
be  returned  within  twenty-four  hours  of  conij^letion  of  work.  All 
permits  shall  be  issued  in  duplicate  form  and  numbered  consecu- 
tively, and  dated.  One  copy  shall  be  kept  on  file  in  the  ofhce  of  the 
plumbing  inspector. 

873.  Fees  for  permit.]  §  16.  The  city  clerk  shall  collect  the 
following  fees  for  all  permits  granted,  to  be  turned  into  the  city 
treasury,  viz. : 

For  each  application  for  a  permit  in  a  new  building,  or  for  alter- 
ation of  existing  plumbing,  the  charges  shall  be  fifty  cents  per  fixture, 
the  word  "fixture"  being  here  meant  to  include  all  openings  left 
for  waste  or  ventilation  pipes,  whether  fixtures  are  set  or  not. 

874.  Plans  for  plumbing.]  §  17.  Before  the  construction, 
reconstruction,  alteration  or  repair  of  any  portion  of  the  plumbing 
and  drainage  system  of  any  building  is  begun,  where  there  are 
l^lans  and  specifications,  of  the  work  proposed  to  be  done,  they  shall 
be  presented  to  the  plumbing  inspector  by  the  owner  or  agent  of  the 
property,  and  when  there  are  none  a  description  in  writing  shall  be 
given.  Such  plans,  specifications  and  descriptions,  after  examina- 
tion, shall  be  m.arked  "approved"  if  found  to  conform  to  this  ordi- 


GENERAL   ORDNANCES  271 


naiice,  or  if  found  not  to  confonn,  shall  be  marked  "rejected"  and 
returned  to  the  owner.  Applications  for  changes  in  a  permit  must 
be  made  in  writing,  and  the  original  permit  returned  for  correction 
or  the  issuing  of  a  new  permit.  No  material  deviation  from  the 
permit  and  approved  plan  shall  be  allowed. 

PLUMBING    STANDARDS. 

875.  Requirements.]  §  18.  All  plumbing  and  drainage  work 
hereafter  constructed,  whether  new  work  or  repairs,  shall  conform 
substantially  to  the  standards  hereinafter  created,  the  observance  of 
said  standards  being  deemed,  material  as  a  sanitary  measure  for  the 
preservation  of  public  health,  and  it  is  hereby  declared  to  be  unlawful 
to  erect,  construct,  remodel  or  repair  any  plumbing  or  drainage, 
except  in  conformity  with  such  standards. 

HOUSE    DRAINAGE,    SEWERS,  ETC. 

876.  Street  connections.]  §  19.  Each  house  shall  be  separately 
and  independently  connected  with  the  sewer,  where  one  is  provided. 
If  there  is  no  sewer  in  the  street  or  alley,  a  private  sewer  may  be 
constructed  when  plans  for  the  same  are  approved  by  the  city  council. 

877.  Material  and  slope.]  §  20.  The  main  sewer  drain,  when 
five  (5)  feet  or  more  from  the  building,  shall  be  of  cylindrical  vitrified 
tile  of  the  best  quality,  free  from  splits  and  imperfections.  Spigot 
and  hub  ends  to  be  concentric.  It  shall  not  be  less  than  four  (4) 
inches  inside  bore  and  three-fourths  (f)  inch  thick;  it  shall  slope 
uniformly  one-fourth  (J)  inch  or  m.ore  to  each  foot  of  run  from  the 
building  to  the  sanitary  sewer;  it  shall  rest  on  a  smooth  and  solid 
bottom,  with  the  ground  hollowed  out  for  the  hubs  and  the  soil 
ramined  in  on  each  side  of  the  pipe;  all  changes  in  direction  shall  be 
made  with  long  curves  or  bends;  short  bends  and  Ts  will  not  be 
allowed;  the  joints  shall  be  made  tight  with  equal  parts  of  Portland 
cement  and  sand,  mixed  dry  and  enough  water  added  to  give  consist- 
ency; the  cement  shall  be  rrdxed  in  small  quantities  and  used  im- 
mediately; no  re-tempered  cement  shall  be  used,  all  joints  shall  be 
cleaned  out  on  the  inside  of  pipe  with  a  swab. 

878.  Inspection.]  §  21.  The  trench  shall  be  left  uncovered 
until  approved  by  the  plumbing  inspector,  who  shall  make  said  in- 
spection within  three  (3)  hours  after  notification. 

879.  Iron  pipes.]  §  22.  When  the  slope  of  one-fourth  (J) 
inch  to  each  foot  of  run  cannot  be  obtained,  or  when  the  ground  is . 
newly  made  ground  or  of  a  yielding  nature,  and  also  for  that  part  of 
the  house  sewer  which  is  under  the  building  and  extending  five  (5) 
feet  outside  the  wall  line,  the  sewer  shall  be  constructed  of  material 
similar  to  that  required  for  the  soil  ]3ipes;  no  ii'on  sewers  shall  be 


272  GENERAL    ORDINANCES 


permitted  with  less  slope  than  one-ei(i;hth  (|)  inch  to  the  foot.  Where 
pipes  run  by  wells,  they  should  be  cast  iron,  caulked  with  lead  for 
not  less  than  ten  feet  on  each  side. 

880.  Soil  pipes.]  §  2d>.  Vertical  soil  pipes  shall  be  of  cast-iron, 
four  (4)  inches  inside  diameter,  coated  while  hot,  inside  and  outside, 
with  asphaltum  or  tar;  they  shall  extend  through  the  roof  not  less 
than  two  (2)  feet;  if  receiving  the  discharge  from  more  than  five  (5) 
water  closets  and  five  other  fixtures  or  their  equivalent,  they  shall  be 
increased  in  size  to  six  (6)  inches;  soil  pipes  through  roof  must  not 
open  within  fifteen  (15)  feet  horizontally  of  any  window,  door  or 
opening;  no  cap  or  cowl  shall  be  allowed;  the  main  soil  pipe  shall  be 
run  with  as  few  offsets  as  possible;  offsets  shall  be  made  with  one- 
eighth  (I)  bends  or  offset  fittings;  the  pipes  shall  be  left  exposed  until 
tested ;  where  the  base  of  a  soil-pipe  stack  turns  through  the  wall  to 
connect  with  the  sewer,  the  change  in  direction  shall  be  made  with  a 
Y  and  one-eighth  (|)  bend,  using  clean-out  plug  in  end  of  Y;  the 
joints  shall  be  made  with  picked  oakum  and  lead ;  one  pound  of  lead 
shall  be  required  for  each  inch  of  diameter  of  pipe. 

Wrought  iron  or  steel  pipes  to  be  the  best  quality,  galvanized 
wrought  iron  or  mild  steel,  screw  jointed  pipe  of  standard  weight 
and  thickness.  Ends  of  all  wrought  iron  or  st^eel  pipe  shall  be 
reamed  out  before  made  up  into  fittings.  Fittings  for  galvanized, 
wrought  iron  or  steel,  soil  and  waste  piping,  to  be  cast-iron,  recessed 
and  beaded,  screw- jointed  drainage  fittings,  free  from  fins  and  burrs. 
Long  radius  fittings  are  to  be  used,  and  the  consent  of  the  plumbing 
inspector  is  to  be  obtained  before  any  short-radius  fittings  are  in- 
stalled. All  joints  between  wrought  iron  or  steel  pipe  to  be  screw 
joints.  All  screw  joints  to  be  made  with  red  lead  and  boiled  linseed 
oil  or  other  approved  compound  applied  on  piping,  and  not  more 
than  three  threads  on  the  finished  joint  are  to  remain  exposed. 
All  union  connections  on  wrought  iron  pipe  2^  inches  and  larger  to  be 
made  with  flange  unions.  Gaskets  to  be  standard,  first  quality, 
steam  rubber  packing  not  less  than  |  inch  thick. 

All  union  connections  on  wrought  iron  pipe  2  inches  and  smaller 
to  be  made  with  all-brass,  heavy  pattern  unions,  having  ground 
joints.  No  malleable  iron  or  combination  unions,  long  screws,  or 
other  packed  joints  will  be  permitted. 

Waste  pipes  from  kitchen  sinks  when  using  wrought  iron  or  steel 
galvanized  pipes,  shall  in  no  case  be  smaller  than  2  inch  pipe,  and  the 
waste-pi] )e  of  any  fixture  not  less  than  \\  inch  pipe. 

881.  Waste  pipes.]  §  24.  Vertical  waste  pipes  shall  be  two 
(2)  inches  in  diameter  unless  receiving  the  discharge  of  more  than 
ten  fixtures;  they  shall  then  be  increased  one  inch  for  each  five  or 
less  additional  fixtures;  in  other  respects  the  waste  pipes  shall  be 
similar  to  the  soil  pipes. 


GENERAL    ORDINANCES  273 


882.  Weights  of  iron  pipes.]  §  25.  The  pipes  shall  be  uniform 
in  castings,  sound  in  all  respects,  and  shall  weigh  not  less  than — 

Two  inch  pipe,  5|  pounds  per  foot. 
Three-inch  pipe,  9|  pounds  per  foot. 
Four  inch  pipe,  13  pounds  per  foot. 
Five-inch  pipe,  17  pounds  per  foot. 
Six-inch  pipe,  20  pounds  per  foot. 
Seven-inch  pipe,  27  pounds  per  foot 
Eight-inch  pipe,  33  pounds  per  foot. 

AH  connections  and  fittings  shall  correspond  with  the  above  in 
weight. 

883.  Traps.]  §  26.  Each  fixture  connected  with  the  drainage 
system  shall  be  separately  and  effectively  trapped;  traps  shall  be 
placed  not  more  than  one  foot  from  the  inlet  of  the  fixtures.  They 
must  have  some  means  of  clean-out  exposed  to  view  and  easily  ac- 
cessible, and  shall  have  a  perfectly  smooth  interior;  in  case  of  bath 
tubs,  a  four  (4)  inch  drum  trap  shall  be  used,  with  a  flanged-top 
flush  with  the  floor;  a  grease  trap  shall  be  used  in  connection  with 
kitchen  sinks,  or  any  fixtures  where  grease  is  deposited;  all  traps  shall 
be  protected  from  siphonage  by  using  vent  pipes.  Re-vent  pipes 
shall  not  be  less  than  the  diameter  of  the  waste  pipe  for  branches 
and  two  (2)  inch  for  vertical  pipe;  in  no  case  will  the  branch  for  a 
fixture  be  allowed  to  be  taken  out  of  the  vertical  vent  pipe  on  a  line 
with  the  crown  of  the  trap;  each  trap  shall  have  a  separate  arm 
dropping  down  on  it,  using  short  lead  connection,  and  brass  soldering 
nipple  to  be  joined  with  wiped  joint;  if  more  than  five  (5)  fixtures 
are  re-vented  from  one  pipe,  the  re-vent  pipe  shall  extend  up  through 
the  roof;  if  less  than  five  (5)  fixtures  discharge  into  the  vertical  pipe, 
the  re-vent  pipes  may  be  connected  into  the  main  soil  pipe-stack 
five  (5)  feet  above  the  highest  fixture;  no  re-vent  pipe  shall  be  run 
so  as  to  form  a  trap ;  no  traps  used  shall  be  re-vented  when  less  than 
twelve  (12)  feet  from  the  vented  vertical  stack;  all  re-vent  pipes  shall 
be  of  galvanized  iron,  lead  or  cast. 

Every  building  in  which  gasoline,  naphtha,  or  other  inflammable 
compounds  are  used,  shall  be  provided  with  a  special  trap  so  designat- 
ed as  to  prevent  the  passage  of  such  material  into  the  sewer,  and 
ventilated  with  separate  pipe,  rising  to  a  point  2  feet  above  the  roof. 
The  waste  pipe  of  every  wash  stand  for  vehicles  shall  be  provided 
with  a  sand  trap  of  sufficient  capacity. 

884.  Wiped  joints.]  §  27.  All  joints  on  lead  pipes  shall  be 
wiped  joints;  ferrules  to  bs  caukled  into  hub  with  lead  and  oakum; 
joints  between  lead  vents  and  galvanized  iron  vents  shall  be  made 
with  brass  soldering  nipples;  joints  between  lead  and  brass  shall  be 
wiped  joints. 


274  (iENERAI.    ORDINANCES 


885.  Weight  of  lead  pipes.]  §  28.  When  lead  pipe  is  used  for 
waste  or  \'enl  pipes  it  shall  have  a  weight  of  not  less  than  speeified 
as  follows: 

1-inch  pipe,  2  pounds  per  lineal  foot 
1 5-inch  pipe,  2^  pounds  per  lineal  foot 
l|-inch  pipe,  3^  pounds  per  lineal  foot 
2-inch  pipe,  4  pounds  per  lineal  foot 
3-inch  pi])c,  5  pounds  per  lineal  foot 
3|-inch  pipe,  6f  pounds  per  lineal  foot 
4-inch  pii^c,  8  i)ounds  per  lineal  foot. 

886.  Overflow  and  drip  pipes;]  §  29.  Waste  pipes  from  re- 
frigerators or  receptacles  in  which  provisions  are  stored  or  chilled 
shall  waste  into  open  trays,  in  plain  sight,  below  the  same;  the  waste 
pipes  from  such  trays  shall  discharge  into  open  sinks,  properly 
trapped  or  on  the  ground  outside  of  the  building,  in  plain  sight. 

887.  Sub-soil  pipes.]  §  30.  The  sub-soil  drainage  pipes  under 
cellar  or  elsewhere  shall,  if  connected  with  the  sewer,  discharge  into 
a  water-tight  basin;  there  shall  be  a  running  trap  not  more  than  one 
foot  from  sewer  and  a  back  water  valve;  this  basin  shall  receive  no 
other  waste, 

888.  Drain  connections.]  §  31.  Floor  washes  may  be  con- 
nected with  sewer  when  the  inlet  of  same  is  protected  with  a  four 
(4)  inch  brass  trap  screw  and  running  trap  not  more  than  one  (1) 
foot  from  sewer;  area  drains  may  be  connected  with  sewer  when 
they  have  metallic  strainer  and'  a  four  (4)  inch  trap  and  hand-hole 
protected  from  frost,  preferably  located  in  cellar;  stall  gutters  and 
carriage  washes  shall  discharge  into  cess  pool  trap  with  a  strainer, 
and  then  into  a  catch-basin;  the  outlet  of  the  catch-basin  shall  dip 
down  six  inches  below  the  surface  of  the  water:  the  catch-basin  shall 
be  two  (2)  feet  or  more  in  diameter,  and  shall  hold  two  feet  or  more 
of  water,  and  be  built  absolutely  water-tight  of  Portland  cement 
masonry  or  some  other  material  equally  as  efficient  for  the  purpose. 

889.  Fixtures.]  §  32.  No  fixtures  shall  be  boxed  in  or  enclosed 
with  .sheeting  or  doors.  All  shall  be  open  plumbing.  When  old 
fixtures  are  removed  for  repairs  they  shall  not  again  be  boxed  in. 
All  fixtures  except  water  closets  shall  waste  through  strong,  fixed 
metallic  strainers.  All  fixtures  shall  be  non-porous  and  non-absor- 
bent. The  overflow  from  fixtures  shall  connect  with  waste  on  house 
side  of  trap. 

890.  Water  closets.]  §  33.  Water  closets  shall  either  be  placed 
in  rooms  opening  to  outside  air,  or  otherwise  shall  be  connected  with 
an  eight  by  eight  inch  flue  extending  above  the  roof;  water  closets 
within  the  house  shall  be  supplied  from  special  tanks  of  five  (5)  gal- 
lon capacity  or  more  and  used  for  no  other  purpose:  the  flush  pipe 


GENERAL    ORDINANCES  275 


shall  not  be  smaller  than  one  and  one-quarter  (Ij)  inches  in  diameter; 
the  trap  shall  be  in  the  bowl,  and  above  the  floor  with  a  large  body  of 
water  exposed  to  view  and  sufficiently  immediately  to  cover,  and  thus 
temporarilv  disinfect  and  deodorize  the  excreta;  such  closets  when 
placed  more  than  six  feet  from  the  maiii  soil  pipe  stack  shall  be  re- 
vented  with  two  (2)  inch  pipe  from  the  lead  bend  under  the  floor; 
front  or  back  washout  closets  shall  be  re-vented  in  all  cases  from  the 
crown  of  the  trap  or  re-vent  horn;  no  closets  requiring  mechanical 
devices  such  as  the  plunger  or  pan  closets  shall  be  used  in  new  work, 
and  when  such  closets  are  removed  for  repairs  they  shall  not  be  re- 
placed. 

891.  Out-door  water  closets.]  §  34.  When  water  closets  are 
placed  outside  of  buildings,  they  shall  be  separately  trapped  and 
flushed  from  a  tank  filled  automatically  with  seat  pressure;  all  shall 
be  protected  from  frost  and  the  part  underground  placed  in  a  com- 
partment at  least  three  (3)  feet  by  four  (4)  feet  by  five  (5)  feet  deep 
made  of  cement  masonry;  the  enclosure  to  water  closets  shall  be 
ventilated  with  slatted  openings  in  doors  and  roof;  the  waste  water 
from  hopper  cock  shall  be  trapped  and  properly  connected  on  inlet 
side  of  main  trap. 

892.  Closure  of  openings.]  §  35.  If  drainage  pipes  are  put  in 
for  future  use,  they  shall  have  all  openings  securely  closed  by  solder- 
ing or  caulking,  so  as  to  be  perfectly  tight. 

893.  Testing  work.]  §  36.  When  drainage  system  is  com- 
pleted ready  for  the  connection  of  fixtures,  it  shall  be  tested  by 
closing  all  openings,  and  filling  with  water  to  the  top.  When  the 
system  will  stand  this  test  without  showing  any  leaks  for  one  hour, 
the  plumbing  inspector  shall  be  notified,  and  he  shall  inspect  the  same, 
and  if  satisfactory,  give  the  plumber  a  certificate  of  inspection. 
An  alternate  test  with  air  pressure  may  be  employed  by  the  plumber 
at  his  option,  at  not  less  than  ten  (10)  pounds  per  square  inch,  using 
a  mercury  test  set. 

894.  Penalties.]  §  37.  Any  person  violating  any  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor  and  be 
subject  to  a  fine  of  not  less  than  five  ($5.00)  dollars  nor  more  than 
fifty  (S50.00)  dollars  for  each  and  every  violation. 


CHAPTER  XXVI. 

POLICE. 

895.  Officers.]  §  1.  The  mayor  shall,  by  and  with  the  con- 
sent of  the  council,  at  the  beginning  of  each  fiscal  year,  appoint  a 
chief  of  police,    night    captain,   desk  sergeant,   turnkey,   and   such 


276  GENERAL   ORDINANCES 


number  of  patrolmen  and  i^ark  custodians  as  may  be  lawful!}'  pro- 
vided for,  each  of  whom  shall  give  bond  in  the  sums  elsewhere 
mentioned,  shall  take  the  oath  prescribed  by  law,  and  shall  receive 
the  compensation  fixed  by  ordinances,  and  each  of  whom  is  charged 
with  the  preservation  of  the  peace,  order,  safety  and  cleanliness  of 
the  city,  and  with  the  duty  of  protecting  the  rights  of  persons  and 
property  and  of  enforcing  the  ordinances  of  the  city,  and  all  orders 
of  the  city  council.  Such  appointments  shall  expire  with  the  fiscal 
year,  except  that  the  officer  shall  hold  his  office  until  his  successor 
is  duly  appointed  and  qualified 

896.  Duty  of  mayor.]  §  2.  The  mayor  as  the  chief  executive 
officer  of  the  city  shall  exercise  a  general  stipervision  over  this  de- 
partment and  the  officers  therein,  and  shall  see  .that  they  are  prompt 
and  efficient  in  the  discharge  of  their  duties,  and  he  shall  from  time 
to  time  take  such  measures  as  shall  be  deemed  necessary  to  preserve 
the  peace  and  good  order  of  the  city,  and  the  prompt  and  efficient 
enforcement  of  the  law's  and  ordinances. 

897.  Chief  of  police.]  §  3.  The  chief  of  police  shall  be  the 
highest  in  rank  of  the  police  force,  and  subject  to  the  mayor  and  coun- 
cil, shall  control  and  direct  the  same.  He  shall  assign  to  all  the 
officers  under  him  their  different  beats  and  their  respective  hours 
of  duty,  and  shall  direct  them  in  the  discharge  of  their  duties.  He 
shall,  with  the  approval  of  the  mayor  and  committee  on  police,  pre- 
scribe such  rules  as  may  be  reasonably  necessary  to  the  discipline 
and  efficiency  of  the  service.  He  shall  attend  the  sessions  of  the 
city  council.  He  shall  have  custody  of  the  property  of  the  city  be- 
longing to  this  department.  From  the  records  of  the  department 
he  shall  make  monthly  reports  to  the  council,  setting  forth  fully  all 
the  doings  of  his  department  for  the  preceding  month. 

898.  Night  Captain.]  §  4.  The  second  in  rank  in  the  depart- 
ment shall  be  the  night  captain,  who  shall  have  charge  of  the  force 
and  be  on  duty  at  night,  and  shall  control  and  direct  the  same  sub- 
ject to  the  mayor,  council  and  chief  of  police. 

In  the  absence  of  the  chief,  he  shall  perfonn  the  duties  of  that  office. 

899.  Desk  sergeant.]  §  5.  The  desk  sergeant  shall  be  on 
duty  in  the  da\'  time  at  the  city  building  and  shall  keep  the  police 
record,  which  shall  be  a  substantial  record  book,  and  in  which  shall 
be  kept  a  full  and  true  record  of  all  persons  arrested,  the  charge 
preferred,  the  hour  of  the  arrest,  the  name  of  the  officer  making  it, 
the  disposition  made  of  the  case,  the  fine  assessed,  and  the  amount 
collected,  if  any,  in  money  or  by  labor;  and  in  such  record  shall  be 
kept  a  full  and  true  account  of  all  moneys,  valuables  or  property 
taken  from  any  i^risoner;  such  officer  shall  be  the  custodian  of  all 
stolen  property  recovered;  he  shall  attend  the  sessions  of  police  court, 


GENERAL    ORDI^:ANCES  277 


shall  look  after  the  wants  and  necessities  of  the  prisoners  confined 
in  the  calaboose ;  he  shall  have  charge  of  all  the  work  done  by  prison- 
ers in  working  out  fines;  he  shall  also  assist  the  chief  of  police  and 
police  magistrate  in  the  preparation  of  such  reports  as  are  required 

of  them.  • 

900.  Turnkey.]  §  6.  The  turnkey  shall  be  on  duty  in  the 
night  time  and  shall  keep  the  police  record  and  have  charge  of  the 
city  prison  during  the  hours  he  is  on  duty,  and  shall  perform  sub- 
stantially the  same  duties  as  those  of  the  desk  sergeant. 

901.  Patrolmen.)  §  7.  The  parolmen,  when  on  duty,  shall 
devote  their  entire  time  and  attention  to  the  discharge  of  the  duties 
of  their  office;  they  shall  observe  all  the  rules  and  regulations  of  the 
department,  and  shall  to  the  best  of  their  ability  preserve  order, 
quiet  and  peace  throughout  the  city,  and  shall  enforce  the  laws  of 
the  state,  and  the  ordinances  of  the  city. 

They  shall  report  to  the  chief  all  persons  known  or  suspected  to  be 
gamblers,  and  all  houses  or  places  suspected  of  being  gaming  houses, 
houses  of  ill  fame,  and  the  like.  When  it  shall  come  to  the  knowledge 
of  any  policeman  that  an  offense  has  been  committed  he  shall  cause 
complaint  to  bejmade  and  the  proper  witnesses  to  be  subpoenaed  and 
evidence  procured  for  the  successful  prosecution  of  the  offender. 

902.  Special  police.]  §  8.  On  the  petition  of  any  person 
interested,  the  mayor,  by  and  with  the  consent  of  the  council,  may 
appoint  any  qualified  person  as  special  policeman  without  pay,  who 
shall  hold  for  a  term  not  beyond  the  fiscal  year,  and  shall  qualify  and 
give  a  like  bond  as  a  regular  policeman:  Provided,  also,  that  the 
mayor  may,  when  any  emergency  so  demands,  appoint  temporary 
policemen,  who  shall  give  like  bond  and  take  a  like  oath  as  regular 
policemen,  but  who  shall  in  no  event  hold  office  longer  than  until 
the  next  regular  meeting  of  the  council;  the  pay  of  such  temporary 
police  shall  be  two  dollars  and  fifty  cents  per  day. 

903.  Power  to  arrest.]  §  9.  All  police  officers  shall  arrest 
any  person  found  violating  any  State  law  or  city  ordinance,  when 
such  violation  is  committed  in  the  presence  of  the  officer;  and  when 
an  offense  has  been  committed,  but  not  within  the  knowledge  of 
the  officer,  and  there  is  reasonable  ground  to  believe  that  the  person 
accused  has  committed  it,  such  officer  shall  forthwith  cause  proper 
complaint  to  be  made,  and  cause  a  warrant  to  issue  for  the  arrest  of 
the  accused. 

904.  Search  warrant.]  §  10.  Where  any  officer  has  reasonable 
cause  for  belief  that  personal  property  stolen,  embezzled  or  obtained 
by  false  pretenses;  or  any  counterfeit  money,  or  tools  or  material 
for  making  same;  or  any  gaming  implements,  are  contained  in  any 


278  GENERAL    ORDINANCES 


house,  buildino;,  apartment,  room  or  place,  it  shall  be  his  duty  to 
swear  out  a  search  warrant,  as  is  provided  by  the  statute  of  this 
State. 

905.  Neglect  of  duty.]  §  11.  Any  mcml^er  of  the  i^ohce  force 
who  shall  nej^lcct  or  refuse  to  perform  any  dut}'  required  of  him,  or 
who  shall  in  the  discharge  of  his  official  duty  be  guilty  of  any  fraud, 
extortion,  oppression,  favoritism,  or  wilful  wrong  or  injustice  shall 
be  subject  to  a  penalty  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars. 

906.  When  disabled  to  receive  salary.]  §  12.  Any  member 
of  the  police  department  rccci\-ing  injury  or  becoming  disabled  while 
in  the  discharge  of  his  official  duties,  so  as  to  prevent  him  from  at- 
tending to  the  same,  may  receive  his  usual  salary  for  the  period  of 
not  exceeding  four  inonths,  provided  his  disability  shall  last  that  long. 
The  fact  of  such  disability  and  its  duration  shall  be  certified  to  by  his 
attending  physician,  or  such  other  evidence  thereof  produced  as  the 
mayor  or  council  may  require. 

907.  Causes  for  removal.]  §  13.  Any  member  of  the  police 
force  who  shall  be  guilty  of  any  of  the  following  offenses  may  be 
removed  from  office,  viz. : 

First — Disobedience  to  orders  of  his  superior  officers. 

Second — Intoxication. 

Third — Association  with  prostitutes,  rowdies  or  gamblers. 

Fourth — Violent,  obscene  or  abusive  language  to  a  superior  officer, 
or  to  any  citizen,  resident  or  stranger. 

Fifth — Drinking  intoxicating  liquor  while  on  duty. 

Sixth — Entering  any  saloon,  gambling  house  or  house  of  ill  fame 
while  on  duty,  except  in. the  discharge  of  the  duties  of  his  office. 

Seventh — Maltreatment  of  any  person  in  custody. 

Eighth — Acceptance  of  any  gratuity,  gift,  pay  or  reward  from  any 
person  in  custody,  or  after  he  shall  have  been  discharged. 
•   Ninth — Communicating  any  information  which  may  lead  to  escape 
from  arrest  or  punishment  of  any  person  charged  with  an  offense. 

Tenth — Absence  from  duty  without  permission. 

Eleventh — Going  to  sleep  on  duty. 

Twelfth — Refusing  to  pay  his  just  debts. 

908.  Drinking  on  Duty.]  §  14.  Any  poHce  officer  who  shall  be 
guilty  of  drinking  beer,  whiske>-,  wine,  or  any  other  intoxicating 
liquor  while  on  duly,  no  matter  from  what  source  the  same  shall  be 
obtained,  shall,  for  the  first  oft'ense,  be  suspended  from  duty  without 
pay  for  a  i^eriod  of  not  less  than  ten  days  nor  more  than  thirty  days. 


GENERAL    ORDINANCES  279 


and  for  the  second  offense  shall  be  permanently  discharged;  and  in 
the  event  of  such  discharge  shall  not  be  eligible  to  re-appointment 
for  the  period  of  one  year  after  such  discharge. 

909.  Treatment  of  prisoners.]  §  15.  All  persons  in  the  custody 
of  any  police  officer  shall  be  treated  humanely,  and  if  any  officer 
shall  unnecessarily  assault,  beat,  abuse  or  otherwise  maltreat  any 
person  in  his  custody,  or  shall  knowingly  suffer  or  pennit  the  same 
to  be  done;  and  if  any  officer  shall  supply  any  person  in  the  calaboose, 
or  in  custody,  with  any  intoxicating  liquor  for  use  as  a  beverage, 
or  shall  knowingly  suffer  or  permit  the  same  to  be  done;  or  shall  be 
guilty  of  any  improper  conduct  toward  any  female  in  custody,  or 
knowingly  suffer  or  permit  others  to  be  guilty  thereof;  or  shall  fail  to 
supply  any  person  in  his  custody  with  a  sufficient  quantity  of  whole- 
some food  or  drink,  at  reasonable  and  proper  intervals,  or  with  the 
necessary  and  proper  bedding,  shall,  in  either  case,  be  subject  to  a 
penalty  of  not  less  than  five  dollars  nor  inore  than  one  hundred 
dollars. 

910.  Trial  of  offenders.]  §  16.  Whenever  any  person  shall 
be  arrested  for  any  offense,  it  shall  be  the  duty  of  the  police  officer 
making  the  arrest,  to  take  the  prisoner  to  the  police  headquarters, 
and  a  record  of  the  arrest  shall  be  made  in  the  book  kept  for  that 
purpose.  If  any  police  magistrate  is  at  his  office,  the  prisoner  shall 
be  immediately  taken  before  such  magistrate,  and  if  the  city,  and 
the  prisoner  are  both  ready,  a  trial  may  at  once  be  had;  but  either 
party  may  have  a  continuance  for  a  reasonable  time  to  secure  wit- 
nesses, or  for  other  good  cause  shown;  and  the  prisoner  shall  enter 
into  a  recognizance,  with  surety  to  be  approved  by  the  magistrate, 
for  his  appearance  at  the  time  of  trial,  and  in  default  of  such  re- 
cognizance, he  shall  be  confined  to  the  city  calaboose  until  the  time 
fixed  for  trial,  and  until  the  further  order  of  the  court. 

911.  Prisoner  drunk.]  §  17.  Whenever  any  person  arrested 
for  any  offense  shall,  at  the  time  of  his  arrest  be  drunk  or  intoxicated, 
the  officer  making  the  arrest  shall  take  such  person  to  the  police 
headquarters  and  confine  him  in  the  calaboose  until  he  shall  become 
sober;  and  he  shall  then  be  taken  before  a  police  magistrate  for  trial 
as  provided  in  other  cases. 

912.  Arrest  at  night.]  §  18.  All  prisoners  arrested  in  the 
night  time,  or  at  any  other  times  when  no  police  magistrate's  court 
shall  be  open,  shall  be  taken  to  police  headquarters,  and  a  like 
record  made  as  before  provided,  and  the  prisoner  shall  be  confined 
in  the  city  calaboose  until  the  next  morning,  or  until  a  trial  can  be 
had,  or  if  arrested  on  Saturday  night,  or  on  Sunday,  then  he  shall 
be  confined  as  aforesaid  until  Monday  morning,  when  the  prisoner 
shall  be  taken  before  a  police  magistrate,  or  justice  of  the  peace,  and 
a  trial  had,  or  the  case  continued  as  provided  in  the  preceding  section. 


280  GENERAL   ORDINANCES 


913.  Bail.]  v^  \9.  Any  person  wlio  mciy  be  arrested  by,  or  in 
the  custody  of  any  officer,  for  the  violation  of  any  ordinance  of  the 
city,  may  release  himself  from  custody  or  imprisonment  by  entering 
into  bail  or  recognizance  before  such  officer  or  before  any  police 
magistrate,  in  a  sum  double  the  amount  of  the  maximum  penalty 
for  the  offense  for  which  he  is  arrested,  with  at  least  one  good  and 
sufficient  surct}',  and  conditioned  that  he  will  appear  before  the 
police  magistrate  or  court  named  therein,  at  the  time  named,  and 
remain  and  answer  the  oft'ense  with  which  he  stands  charged,  and 
await  his  trial  thereon,  and  not  depart  the  court  without  leave.  The 
bond  or  recognizance  shall  be  filed  with  the  magistrate  or  court 
named  therein,  by  the  ofificer  taking  the  same,  and  if  the  offender 
shall  fail  to  appear,  or  shall  otherwise  fail  to  comply  with  the  con- 
dition thereof,  the  same  shall  be  adjudged  forfeited,  and  suit  shall 
forthwith  be  brought  thereupon  against  the  offender  and  his  surety  or 
sureties,  for  the  full  amount  of  the  penalty  thereof,  and  judgment 
shall  be  rendered  by  the  court  for  the  same  and  all  costs,  or  for  so 
much  of  said  penalty  as  may  be  adjudged  just  and  proper,  upon 
examination  of  the  facts  of  the  case. 

914.  Statement  to  be  filed.]  §  20.  When  any  suit  for  vio- 
lation of  any  of  the  city  ordinances  shall  be  commenced  by  summons 
before  any  police  magistrate,  or  iustice  of  the  peace,  the  city  attorney, 
any  police  or  some  other  officer  of  the  city,  shall  file  a  statement, 
signed  by  him,  substantially  as  follows,  viz: 

A.  B.,  To  the  City  of  Danville,  Dr.: 

To dollars,  for  a  violation  of  the section  (or  sec- 
tions) of  an  ordinance  of  the  City  of  Danville,  entitled  (here  set  forth  the  title  of 

the  ordinance),  passed  on  the day  of A.  D.  19 ,  (or  of 

the  city  charter,  as  the  case  may  be),  in  this,  to-wit:     That  the  said  A.  B.,  on 

or  about  the day  of A.  D.  19 ,  before  the  commencement 

of  this  suit,  did,  at  the  city  of  Danville  (or  within  the  jurisdiction  of  said  city), 
(here  state  the  particular  violation  or  violations  complained  of,  as  near  as  may 
be,  in  the  langua<^e  of  the  ordinance  or  the  citv  charter.) 

(Signed)  C.  D. 

915.  Arrest  without  warrant.]  §  21.  Whenever  any  person 
shall  be  lawfully  arrested  without  a  warrant,  and  brought  before  a 
magistrate  for  trial,  no  process  shall  be  necessary,  but  the  state- 
ment recjuired  by  the  preceding  section  hereof  shall  be  made  and 
filed  as  therein  ]:)rovided,  and  the  magistrate  before  whom  such 
person  is  brought  shall  enter  the  case  on  his  docket  as  in  other  cases. 

916.  Officers  as  witnesses.]  §  22.  All  officers  making  arrests 
shall  attend  as  witnesses  before  the  police  court,  and  shall  procure 
all  necessary  evidence  in  their  power,  and  furnish  a  list  of  all  wit- 
nesses to  the  court  or  to  the  city  attorney. 

917.  Witness  and  jury  fees.]  §  23.  Witnesses  (except  officers) 
and  jurors  attending  before  any  police  magistrate  or  justice  of  the 


GENERAL    ORDINANCES  '  281 


|)eace  in  any  suit  or  action  for  any  fine  or  penalty  arising  under 
the  ordinances  of  the  city  shall,  in  case  judgment  is  obtained  against 
the  offender,  and  collected  from  him,  be  entitled  to  the  same  fees  as 
in  like  cases  before  justices  of  the  peace.  But  no  costs  of  any  kind 
shall  be  taxed  against  or  collected  of  the  city. 

918.  Malicious  suits.]  §  24.  The  city  attorney  shall  not  be 
compelled  to  bring  or  prosecute  any  suit  in  any  case  where  he  and 
the  court  may  be  satisfied  that  the  complaint  is  instituted  maliciously 
or  vexatiously,  and  without  any  probable  cause,  and  that  the  inter- 
ests of  the  public  or  of  the  city  will  not  be  subserved  thereby;  and  if 
any  person  charged  with  any  offense  shall,  upon  his  trial  therefor, 
be  acquitted,  and  it  shall  satisfactorily  appear  to  the  court  that  the 
complaint  or  prosecution  was  instituted  maliciously  or  vexatiously, 
and  without  probable  cause,  judgment  may  be  rendered  against  the 
complainant  or  prosecutor  for  the  costs  arising  in  the  case,  and 
execution  issued  for  the  collection  of  the  same. 

919.  Commitment — labor.]  §  25.  Any  person  who  shall  be 
found  guilty  in  any  court  of  competent  jurisdiction  of  a  violation  of 
any  ordinance  of  the  said  city,  shall,  unless  such  fine  and  costs  are 
paid,  be  committed  to  the  prison  of  the  said  city,  and  for  each  day 
confined  in  said  city  prison,  such  person  shall  be  allowed,  exclusive  of 
his  or  her  board,  the  sum  of  fifty  cents  on  account  of  said  fine  and 
costs:  Provided,  however,  if  such  person  shall  perform  work  for  said 
city  (if  work  shall  be  provided  by  the  said  city)  then  for  such  work, 
the  person  so  employed  or  working  shall  be  allowed,  exclusive  of  his 
or  her  board,  the  sum  of  $1.00  per  day  for  each  day's  work  on  account 
of  such  fine  and  cost:  And,  provided  further ,  a  day's  work  shall  not 
exceed  eight  hours  for  each  working  day. 

920.  Payment  of  fines  into  the  treasury — magistrate's  report.] 

§  26.  All  fines  and  moneys  collected  on  account  of  the  city  shall  be 
paid  over  to  the  treasurer  as  fast  as  collected.  The  police  magistrate 
before  whom  any  suit  or  suits  may  be  brought  in  the  name  of  the 
city,  for  the  recovery  of  any  fines  or  penalties,  shall  quarterly,  on  the 
first  Thursday  of  March,  June,  September  and  December  in  each 
year,  report  to  the  city  council  a  list  of  all  suits  brought  in  the  name 
of  the  city  since  his  last  report,  with  the  disposition  made  of  each 
case,  the  amount  of  the  fine  imposed,  if  any,  the  name  of  the  officer 
charged  with  the  collection  of  the  same,  by  whom,  and  the  amount 
collected;  also  the  amount  collected  since  his  last  report  upon  any 
judgment  for  any  fine  rendered  prior  to  such  report,  and  also  shall 
set  forth  an  account  of  all  fines  worked  out  or  commuted  as  provided 
for  above.  If  any  police  magistrate  shall  neglect  or  refuse  to  hold  a 
police  court  at  any  reasonable  time  when  required,  or  shall  neglect 
or  refuse  to  pay  over  any  moneys  collected  by  him,  or  make  his 
quarterly  report,  as  herein  required,  the  city  council  may  order  all 


282  GENERAL    ORDINANCES 


suits  in  the  name  of  the  city,  for  the  recovery  of  any  fine  or  penalty, 
to  be  brouifht  before  some  other  pohce  magistrate,  or  justice  of  the 
])eace,  who  shall  agree  to  comply  with  the  requirements  hereof,  and 
before  whom  all  suits  in  the  name  of  the  city,  for  the  recovery  of  any 
fine,  forfeiture  or  penalty,  shall  be  brought.  If  any  police  magistrate 
or  other  officer  shall  neglect  or  refuse  to  pay  over  any  fine  or  any 
moneys  collected  by  him  on  account  of  the  city,  legal  proceedings 
may  be  commenced  at  any  time  to  compel  such  payment. 

921.  Falsely    representing    to    be    an    officer — penalty.]     §  27. 

Whoever  shall  falsely  represent  himself  to  be  a  police  officer  of  this 
city,  or  shall,  without  authority,  exercise  or  attempt  to  exercise  any 
of  the  powers,  duties  or  functions  of  any  city  officer,  shall  be  subject 
to  a  penalty  of  not  less  than  ten  dollars  and  not  exceeding  one  hun- 
dred dollars  for  each  offense. 

922.  Resisting  an  officer.]  §  28.  Whoever  shall  wilfully  hinder, 
delay,  resist  or  obstruct  any  city  police  officer,  or  any  person  legally 
authorized  by  him,  in  the  discharge  of  his  duty,  or  shall  aid,  abet  or 
encourage  any  such  hindering,  delaying,  resisting  or  obstructing,  or 
shall  neglect  or  refuse  to  obey  any  lawful  order  or  directions  of  any 
such  officer,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars, 
and  not  exceeding  onc^  hundred  dollars  for  each  offense. 

923.  Rescuing  prisoners,  etc.]  §  29.  Whoever  shall  rescue  or 
attempt  to  rescue,  or  shall  abet  or  encourage  the  rescue  or  escape 
of  any  person  from  the  custody  of  any  officer  or  other  person  legally 
having  him  in  charge ;  or  shall  molest  or  interfere  with  any  officer  or 
other  person  so  legally  having  any  person  in  custody;  or  shall  aid, 
abet  or  encourage  the  rescue  or  escape  or  the  attempt  to  escape, 
from  any  prison,  of  any  person  legally  committed  thereto,  or  shall 
supply  or  attempt  to  supply  any  such  person  with  any  weapon  or 
with  any  implement  or  means  of  escape,  or  for  attempt  to  escape, 
or  with  any  intoxicating  liquor,  shall,  in  each  case,  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars,  and  not  exceeding  one 
hundred  dollars  for  each  offense. 

924.  Re-arrest  of  escajped  prisoners.]  §  30.  Whenever  any 
Derson  shall  escape  from  any  prison  or  place  of  confinement  to  which 
has  been  legally  committed,  or  shall  escape  from  any  officer  or  other 
person  having  him  in  custody,  it  shall  be  the  duty  of  the.chief  of  pohce 
and  all  police  officers  to  re-arrest,  without  process,  the  party  so  escap- 
ing, whenever  he  may  be  found,  and  re-commit  him  to  prison  or 
deliver  him  into  the  custody  of  the  officer  or  person  from  whom  he 
escaped. 

925.  Posse  comitatus.]  §  31.  Any  poHce  officer  may  call  upon 
any  male  person  a]jo\-c  the  age  of  eighteen  years  to  aid  him  in  the 
arrest,  retaking  or  custody  of  any  person  having  committed  any 


GENERAL    ORDINANCES  283 


unlawful  act,  or  to  aid  in  preventing  the  commission  of  any  unlaw- 
ful act,  and  whoever  shall  neglect  or  refuse  to  give  such  aid  and 
assistance,  when  so  required,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars,  and  not  exceeding  one  hundred  dollars  for 
each  offense. 

926.  Uniforms  of  police.]  §  32.  The  committee  on  police 
of  the  city  council  shall  make  suitable  regulations  under  which  the 
policemen  of  the  city  shall  be  required  to  wear  an  appropriate  uni- 
fomi  and  badge,  subject  to  the  approval  of  the  city  council. 

927.  Vacation.]  §  ^3.  Each  and  every  member  of  the  police 
department  of  the  city  shall  be  entitled  to  a  vacation  every  year 
with  pay,  the  time  of  such  vacation  to  be  designated  by  the  chief  of 
police  with  the  consent  of  the  city  council. 


CHAPTER  XXVII. 
PUBLIC  LIBRARY. 

928.  Directors — appointment.]  §  1.  The  mayor  shall,  with 
the  approval  of  the  city  council,  appoint  a  board  of  nine  directors 
for  the  pubhc  library,  or  reading  room.  The  term  of  office  shall  be 
three  years,  and  until  their  successors  are  respectively  appointed, 
and  said  board  shall  be  divided  into  three  classes,  of  which  the  term 
of  one  class  shall  expire  annually  on  July  1st.  Said  directors  may 
adopt  by-laws  and  regulations  for  the  government  of  said  library 
and  reading  room,  and  shall  control  the  expenditure  of  all  moneys 
appropriated  for  that  purpose,  to  be  paid  to  the  treasurer  of  said 
board,  on  monthly  bills  and  reports. 

929.  Injury  to  grounds  or  buildings.]  §  2.  Whoever  shall 
wilfully  or  maliciously  destroy,  injure  or  deface  any  building  or 
fixture,  or  any  turf,  grass,  tree,  shrub  or  vine  upon  the  grounds  of 
the  public  library  of  this  city,  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  two  hundred  dollars. 

930.  Injury  to  books,  etc.]  §  3.  Whoever  shall  wilfully  or 
maHciously  cut,  write  upon,  injure,  deface,  tear  or  destroy  any 
book,  newspaper,  plate,  record,  picture,  engraving,  statue  or  any 
furniture,  belonging  to  the  pubhc  library  shall  be  fined  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars. 

931.  Failure  to  return  books.]  §  4.  Whoever  shall  fail  to 
return  any  book  belonging  to  such  library  according  to  the  by-laws 
and  regulations  of  the  directors,  adopted  for  that  purpose,  shall  be 
fined  not  less  than  one  dollar  nor  more  than  one  hundred  dollars. 


284  GENERAL    ORDINANCES 


932.  Taking  property  without  right.]  §  5.  Whoever  shall  take 
any  book,  painphk't,  iiajx-r  or  other  property  belonging  to  said 
library,  without  consent  of  the  persons  in  charge  thereof,  shall  be 
fined  not  less  than  one  dollar  nor  more  than  one  hundred  dollars. 

933.  Disorderly  conduct.]  §  6.  Whoever  shall  create  any 
disturbance  in  the  public  library  building  or  be  guilty  of  any  con- 
duct calculated  to  annoy  or  disturb  others  in  the  said  building,  or 
whoever  shall  loiter  upon  the  steps  or  walks  or  in  the  lobbies,  or  on 
the  premises  of  said  library  building  or  grounds,  shall  be  fined  not 
less  than  one  dollar  nor  more  than  one  hundred  dollars. 


CHAPTER  XXVIII. 

PUBLIC  SERVICE  CORFOPATIONS. 

934.  Excessive  rates — penalty.]  §  1.  That  any  individual, 
company,  or  corporation  carrying  on  within  the  corporate  limits  of 
this  city,  by  virtue  of  a  license  or  franchise  from  the  corporate 
authorities,  the  business  of  furnishing  water,  gas,  light,  heat,  tele- 
phone or  telegraph  or  electrical  service,  or  street  car  service,  or  any 
other  business  impressed  by  law  with  a  public  use,  and  as  to  which 
the  said  corporate  authorities  are  authorized  to  fix  the  rates  and 
charges,  who  shall  wilfully  charge  for  any  service  rendered,  or  about 
to  be  rendered  within  the  corporate  limits  of  this  city,  any  sum  or 
sums  in  excess  of  the  rate  established  by  ordinance  and  by  law  for 
such  service,  or  who  shall  wilfully  neglect  or  refuse  to  furnish  such 
service  on  demand,  accompanied  by  a  legal  tender  of  the  lawful 
charges,  shall  be  subject  to  a  fine  and  penalty  for  each  offense  of  not 
less  than  twentv-five  dollars  nor  more  than  two  hundred  dollars. 


CHAPTER  XXIX. 
RAILROADS. 

935.  Speed.]  §  1 .  No  locomotive,  freight  or  passenger  car, 
or  train  of  cars  operated  by  steam  power,  shall  run  upon  any  rail- 
road track,  sidetrack,  or  switch,  at  any  greater  rate  of  speed  than  ten 
miles  per  hour. 

936.  Obstructing  crossings.]  §  2.  No  locomotive,  freight  or 
passenger  car,  or  train  of  cars,  shall  be  left  standing  upon  the  track 
of  any  railroad  upon  any  crossing  of  a  street,  alley  or  public  highway, 
except  for  the  purpose  of  receiving  or  discharging  passengers  or  freight, 
or  for  taking  in  or  setting  out  cars,  or  to  take  on  necessary  coal  or 


GENERAL    ORDINANCES  285 


water,  and  in  no  case  for  a  longer  time  than  five  minutes.  No 
locomotive,  freight  or  passenger  car,  or  train  of  cars,  whether  moving 
or  standing,  shall,  in  any  case,  obstruct  any  crossing  of  a  street,  alley 
or  public  highway  for  a  longer  period  than  five  minutes.  Any  rail- 
road company,  railroad  corporation,  engineer,  conductor  or  other 
employe,  who  shall  violate  or  fail  to  observe  any  of  the  requirements 
of  this  section,  shall  for  each  offense,  be  fined  not  less  than  five 
dollars  nor  more  than  two  hundred  dollars. 

937.  Whistling.]  §  3.  No  railroad  company  shall  cause  or 
allow  the  whistle  of  any  locomotive  engine  to  be  sounded  within  the 
city,  except  such  as  may  be  absolutely  necessary  to  prevent  injury 
to  person  or  property. 

938.  Approaches.]  §  4.  At  all  of  the  railroad  crossings  of 
public  highways,  streets  and  alleys,  the  several  railroad  corporations 
shall  construct  and  maintain  within  their  respective  rights-of-way, 
sidewalks,  culverts  and  approaches,  either  over  'or  under  their  tracks 
as  the  case  may  be,  so  that  at  all  times  such  crossings  shall  be  safe 
as  to  persons  and  property. 

939.  Neglect  to  construct  or  maintain  crossing.]  §  5.  When- 
ever any  railroad  corporation  shall  neglect  to  construct  or  maintain 
in  good  repair  any  crossing  or  approach,  as  aforesaid,  the  mayor 
shall  cause  written  notice  to  be  given,  specifying  the  nature  of  the 
work  required,  and  if  within  ten  days  after  service  of  such  notice  such 
work  is  not  done,  the  city  may  forthwith  cause  such  construction, 
or  repairs,  to  be  made,  and  recover  the  cost  thereof  with  all  necessary 
expenses  incurred. 

940.  Lights.]  §  6.  Every  locomotive,  railroad  car  or  train 
of  cars  while  in  motion,  in  the  night  time,  shall  have  a  conspicuous 
bright  light  shining  in  the  direction  in  which  the  same  is  moving. 

941.  Flagmen.]  §  7.  At  each  of  the  following  railroad  crossings 
in  said  city,  viz:  At  the  crossing  of  the  Peoria  &  Eastern  Railroad 
Company,  commonly  known  as  the  Big  Four  Railroad  Company,  at 
both  Chandler  street  and  at  Harmon  avenue;  at  the  crossing  of  both 
the  Wabash  Railroad  Company  and  the  Chicago  &  Eastern  Illinois 
Railroad  Company,  at  both  Wellington  street  and  Fairchild  street, 
a  flagman  shall  be  stationed  whose  duty  it  shall  be  to  warn  the 
traveling  public  of  danger.  Such  flagman  shall  be  on  duty  each  day 
of  the  week,  except  Sunday,  from  April  15,  to  November  15,  next 
following,  from  eight  o'clock  A.  M.  to  eight  o'clock  P.  M.,  and  from 
November  15  to  April  15  next  following,  from  seven  o'clock  A.  M. 
to  seven  o'clock  P.  M. ;  and  they  shall  use  for  the  purpose  of  warning 
the  traveling  public  a  white  flag  between  sunrise  and  sunset,  and  a 
green  light  between  sunset  and  sunrise. 


286  GENERAL    ORDINANCES 


942.  Gates.]  §  8.  At  each  of  the  following  railroad  crossings 
in  said  city,  viz:  At  the  crossing  of  the  Peoria  &  Eastern  Railway- 
Company,  commonly  known  as  the  Big  Four  Railroad  Company,  at 
Grant  street,  Logan  avenue,  Robinson  street,  Gilbert  street,  Oak 
street,  Franklin  street  and  Walnut  street,  gates  shall  be  constructed 
and  maintained,  one  on  the  south  side  of  the  Peoria  &  Eastern  Rail- 
way, and  one  on  the  north  side  of  the  Peoria  &  Eastern  Railway; 
at  the  crossing  of  the  Peoria  &  Eastern  Railway  Company, 
commonly  known  as  the  Big  Four  Railroad  Company,  and  the  Chi- 
cago, Indiana  &  Southern  Railroad  Company,  at  Vermilion  street, 
Hazel  street  and  Jackson  street,  gates  shall  be  constructed  and  main- 
tained, one  on  the  south  side  of  the  Peoria  &  Eastern  Railway  and 
one  on  the  north  side  of  the  Chicago,  Indiana  &  Southern  Railroad; 
at  the  crossing  of  the  Peoria  &  Eastern  Railway  Company,  commonly 
known  as  the  Big  Four  Railroad  Company,  and  the  Chicago,  Indiana 
&  Southern  Railroad,  at  Oakwood  avenue,  gates  shall  be  constructed 
and  maintained,  one  on  the  east  side  of  the  Peoria  &  Eastern  Rail- 
way and  one  on  the  west  side  of  the  Chicago,  Indiana  &  Southern 
Railroad ;  at  the  crossing  of  the  Peoria  &  Eastern  Railway  Company, 
commonly  known  as  the  Big  Four  Railroad  Company,  and  of  the 
Chicago  &  Eastern  Illinois  Railroad  Company  at  Collett  street. 
Bowman  avenue  and  Griffin  street,  gates  shall  be  constructed  and 
maintained,  one  on  the  south  side  of  the  Chicago  &  Eastern  Railroad 
Company,  and  one  at  the  north  side  of  the  Chicago  &  Eastern  Rail- 
road Compan}^;  at  the  crossing  of  the  Chicago  &  Eastern  Illinois 
Railroad  Company  and  the  Wabash  Railroad  Company  at  Fair- 
child  street,  gates  shall  be  constructed  and  maintained,  one  on  the 
west  side  of  the  Chicago  &  Eastern  Illinois  Railroad  and  one  on  the 
east  side  of  the  Wabash  Railroad  Company,  which  gates  shall  be  in 
addition  to  the  watchman  specified  in  section  seven;  at  the  crossing 
of  the  Chicago  &  Eastern  Illinois  Railroad  Company  with  Main  street 
gates  shall  be  constructed  and  maintained  on  each  side  of  said  cross- 
ing; at  the  crossing  of  the  Wabash  Railroad  Company  at  North 
street.  Green  street.  South  street  and  Main  street,  gates  shall  be 
constructed  and  maintained  on  each  side  of  said  crossing.  All  the 
gates  above  specified,  shall  be  under  the  control  of  a  competent 
watchman  who  shall  operate  the  gates  each  day  of  the  week,  except 
Sunday,  from  April  15  to  November  15  next  following,  from  eight 
o'clock  A.  M.  to  eight  o'clock  P.  M.,  and  from  November  15  to  April 
15  next  following,  from  seven  o'clock  A.  M.  to  seven  o'clcok  P.  M.: 
Provided,  however,  that  at  the  Vermilion  street  crossing  above  named 
and  at  the  crossing  of  the  Wabash  Railroad  and  Main  street,  the 
watchman  shall  be  on  duty  at  all  times,  both  day  and  night,  including 
Sunday,  as  well  as  the  other  days  of  the  week.  All  of  said  gates 
shall  extend  across  both  sidewalks  and  street,  and  shall  be  used  to 
warn  the  traveling  public  of  danger,  and  all  of  said  gates,  when  in 
operation  as  above  provided  for,  shall  have  green  lights  placed  thereon 
between  sunset  and  sunrise. 


GENERAL    ORDINANCES  287 


943.  Penalty.]  §  9.  Any  railroad  company,  railroad  corpor- 
ation, engineer,  conductor  or  other  employe,  .who  shall  violate  or 
fail  to  observe  any  of  the  requirements  aforesaid,  shall  for  each 
offense  be  fined  not  less  than  five  dollars  nor  more  than  two  hundred 
dollars,  and  where  such  violation  or  failure  continues  after  the  first 
conviction,  shall  be  liable  to  a  further  penalty  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  for  each  day  of  the  neglect 
or  refusal  to  so  comply. 


CHAPTER  XXX. 
RULES  AND  COMMITTEES. 

944.  Meetings  of  the  council.]  §  1.  A  regular  meeting  of 
the  city  council  shall  be  held  on  Tuesday  evening  of  each  week  at 
7:30  o'clock  p.  m.,  from  October  1st  to  May  1st;  and  from  May 
1st  to  October  1st,  at  8  o'clock  p.  m.  Special  meetings  may  be 
called  by  the  mayor  or  by  any  three  members  of  the  council,  when- 
ever it  may  be  deemed  necessary,  in  which  event  it  shall  be  the 
duty  of  the  chief  of  police  to  cause  each  member  of  the  council  to 
be  personally  served  with  a  notice  of  such  special  meeting,  or  by 
leaving  a  copy  thereof  at  his  usual  place  of  business  or  residence, 
which  notice  shall  state  the  object  of  such  meeting,  and  no  business 
shall  be  transacted  at  any  special  meeting  except  such  as  is  stated 
in  said  notice. 

945.  Fiscal  year.]  §  2.  The  fiscal  year  of  this  city  shall  com- 
mence on  the  first  day  of  May. 

946.  Seal.]  §  3.  The  corporate  seal  shall  be  circular  in  form, 
and  have  engraved  thereon  the  words:  "  "Corporate  seal  of  the  City 
of  Danville,  Illinois,  1867." 

947.  Standing  committees.]  §  4.  It  shall  be  the  duty  of 
the  mayor  at  the  beginning  of  each  fiscal  year  to  appoint  the  fol- 
lowing named  standing  committees,  the  first  named  member  of  each 
committee  to  be  the  chairman  thereof,  and  each  committee  to  con- 
sist of  three  members,  viz: 

First — Finance . 

Second — Streets  and  Alleys. 

Third — Fire  and  water. 

Fourth — Police. 

Fifth — Lighting. 

Sixth — Buildings  and  grounds. 


288  GENERAL    ORDINANCE? 


Seventh— Bridges. 
Eighth — Sewerage. 
Ninth — .Ordinances. 
7>Hi/i— Printing. 
Eleventh — License! 
Twelfth — Health . 
Thirteenth — Claims. 
Fourteenth — Markets. 
Fifteenth —  Public  welfare. 

948.  Duties  of  standing  committees.]  §  5.  It  shall  be  the 
duty  of  the  standing  committees  to  keep  a  close  watch  over  the 
affairs  of  their  respective  departments  and  to  promptly  investigate 
and  report  in  writing  upon  all  matters  referred  to  them  by  the  coun- 
cil, and  to  perform  such  other  duties  as  may  be  from  time  to  time 
assigned  them. 

FINANCE 

The  'committee  on  finance  shall  have  charge  of  all  matters  per- 
taining to  the  financial  condition  of  the  cit}^  shall  audit  and  ex- 
amine the  treasurer's  report,  and  reports  of  the  city  clerk  and  city 
collector,  police  magistrate  and  other  officers,  and  shall  also  receive 
estimates  from  the  other  committees  for  annual  appropriations  and 
prepare  and  present  the  annual  appropriation  bill,  and  shall  report 
to  the  council,  at  each  regular  meeting  thereof,  the  amount  of  ex- 
penditures made  in  each  department  of  appropriations,  and  the 
balance  unexpended. 

STREETS    AND    ALLEYS. 

The  committee  on  streets  and  alleys  shall  have  charge  of  and 
direct  all  improvements  and  repairs  on  public  thoroughfares,  the 
opening,  laying  out,  widening,  extending  and  vacating  the  same, 
and  all  additions  to  the  city. 

FIRE    AND    WATER. 

The  committee  on  fire  and  water  shall  have  general  supervision 
over  the  fire  department,  the  water  supply  of  the  city  and  all  im- 
provements and  machinery  belonging  thereto,  and  all  matters  per- 
taining to  water  works. 

POLICE. 

The  committee  on  police  shall  have  charge  of  all  matters  pertain- 
ing to  the  peace  and  good  order  of  the  city,  and  shall  have  the  gen- 
eral supervision  of  all  police  officers,  prisons  and  work  houses. 


GENERAL    ORDINANCES    '  289 


LIGHTING. 


The  committee  on  lighting  shall  have  charge  of  the  lighting  of 
streets  and  public  buildings. 


BUILDINGS  AND  GROUNDS. 


The  committee  on  buildings  and  grounds  shall  have  charge  of  all 
buildings  and  grounds,  including  the  parks,  belonging  to  or  occu- 
pied by  the  city,  and  all  matters  pertaining  to  the  same,  and  shall 
also  have  charge  of  all  public  cemeteries. 


BRIDGES. 


The  committee  on  bridges  shall  have  charge  and  control  of  all 
bridges  over  the  Vermilion  river,  the  North  Fork  and  Stony  creek, 
and  of  such  other  bridges  as  may  be  from  time  to  time  coinmitted  to 
the  charge  of  such  committee. 


SEWERAGE. 

The  committee  on  sewerage  shall  have  charge  of  all  matters  per- 
taining to  sewers  and  sewerage,  both  sanitary  and  surface. 

ORDINANCES. 

The  committee  on  ordinances  shall  have  charge  of  all  enactments 
and  ordinances  to  be  presented  to  the  council,  and  ordinances  to 
be  introduced  must  first  be  referred  to  said  committee  and  carefully 
examined  and  reported  upon  by  them  before  being  placed  upon 
passage,  and  no  ordinance,  unless  so  referred  and  reported  upon, 
shall  be  put  upon  its  passage  except  by  unanimous  consent  of  all 
the  members  present,  or  unless  the  rules  be  suspended. 

PRINTING. 

The  committee  on  printing  shall  have  charge  of  all  matters  per- 
taining to  printing,  and  the  furnishing  of  stationery  and  blanks  to 
the  different  officers  and  departments  of  the  city,  and  the  making  of 
contracts  pertaining  to  the  same. 

LICENSE.    ■ 

The  committee  on  license  shall  investigate  all  applications  for 
dramshop  license,  together  with  the  bonds  therefor,  and  shall  ex- 
amine the  sufficiency  of  such  bonds  and  the  sureties  thereon,  and 
particularly  in  regard  to  the  qualifications  of  applicants,  as  pre- 
scribed by  the  ordinances,  and  the  fitness  and  propriety  of  the  place 
where  the  business  is  to  be  carried  on.  Said  committee  shall  also 
hear  and  determine  any  charges  made  against  any  dramshop  keeper, 
unless  otherwise  especially  ordered  by  the  council. 


290  GENERAL    ORDINANCES 


HEALTH. 


The  committee  on  health  shall  have  charj^e  of  all  matters  per- 
taining to  the  abatement  of  nuisances,  the  public  health,  and  all 
sanitary  measures. 


CLAIMS. 


The  committee  on  claims  shall  investigate  and  examine  all  claims 
against  the  said  city  which  ma\^  be  referred  to  them,  and  report  the 
same  back  to  the  council,  with  their  recommendations. 


MARKETS. 


The  committee  on  markets  shall  have  charge  of  all  public  and 
private  scales,  weights  and  measures;  the  vending  of  all  commodi- 
ties in  the  streets  of  the  city,  the  weighing  of  coal  and  the  measure- 
ment of  wood  and  lumber,  and.  shall  have  charge  of  all  matters  per- 
taining to  markets. 

PUBLIC    WELFARE. 

The  committee  on  public  welfare  shall  have  a  general  supervision 
of  all  matters  of  a  public  nature  pertaining  to  the  general  welfare 
and  advancement  of  the  interests  of  the  city. 

949.  Committee  meetings.]  §  6.  All  regular  standing  com- 
mittees shall  meet  at  the  city  building  one-half  hour  before  the  time 
of  the  council  meeting. 

950.  Contracts  not  authorized  by  committee  forbidden.]     §  7. 

No  committee  of  the  city  council,  nor  any  member  of  said  council, 
or  other  officer  of  said  city,  shall  expend  or  contract  for  the  expendi- 
ture of  any  moneys  belonging  to  the  city,  or  incur  any  liability  on 
the  part  of  the  city  for  the  improvement  of  any  street,  sidewalk, 
alley,  building  or  other  property  belonging  to  or  under  the  control 
of  said  city,  unless  authorized  so  to  do  by  ordinance  or  resolution 
of  the  city  council. 

951.  Rules  of  order.]     §  8. 

ORDER  OF  BUSINESS. 

1.  Reading  of  minutes. 

2.  Reports  of  standing  committees. 

3.  Reports  of  special  committees. 

4.  Reports  of  officers. 

5.  Petitions  and  communications. 

6.  Presentation  of  claims  and  accounts. 

7.  Unfinished  business. 

8.  Miscellaneous  business. 


GENERAL    ORDINANCES  291 

1.  The  mayor  shall  preserve  order  and  decorum,  and  shall  decide 
all  questions  of  order  subject  to  an  appeal  to  the  council.  Such 
appeals  shall  be  decided  without  debate. 

2.  Any  member  desiring  to  speak  upon  any  question  shall  rise 
and  address  the  chair,  but  shall  not  proceed  until  recognized  by  the 
mayor;  and  no  member  shall  speak  more  than  twice  upon  the  same 
question,  nor  more  than  ten  minutes  at  a  time,  except  by  permission 
of  the  council. 

3.  Any  member  called  to  order  shall  immediately  take  his  seat 
until  the  point  of  order  is  decided. 

4.  While  any  member  is  speaking,  no  other  member  shall  engage 
in  conversation  with  others,  or  pass  between  the  speaker  and  the 
mayor. 

5.  Any  membet  indulging  in  personalities,  or  language  calcu- 
lated to  injure  the  feelings  of  any  other  member,  or  the  harmony  of 
the  council,  shall  be  called  to  order. 

6.  Smoking  is  prohibited  during  the  council  session. 

7.  All  petitions  and  other  communications  shall  be  in  writing. 

8.  When  a  question  is  stated  every  member  present  shall  vote, 
unless  excused  by  the  council,  or  unless  directly  interested  in  the 
question. 

9.  No  member  shall  vote  on  any  question  in  which  he  is  directly 
or  indirectly  interested. 

10.  No  motion  shall  be  entertained  unless  seconded;  when 
seconded,  it  shall  be  stated  by  the  mayor,  and  if  any  member  re- 
quests, it  shall  be  reduced  to  writing. 

11.  When  a  motion  or  resolution  has  been  stated  by  the  mayor, 
it  shall  be  deemed  to  be  in  possession  of  the  council,  but  by  con- 
sent of  the  council  may  be  withdrawn  at  any  time  before  it  is  acted 
upon. 

12.  If  a  question  under  consideration  contains  more  than  one 
distinct  proposition,  it  may  be  divided  on  the  request  of  any  member. 

13.  When  a  blank  is  to  be  filled  and  different  sums  or  times  are 
proposed,  the  question  shall  first  be  put  upon  the  largest  sum  or  the 
longest  time. 

14.  When  a  question  is  under  debate,  no  motion  shall  be  enter- 
tained, unless  for  the  previous  question,  to  refer,  to  postpone  in- 
definitely, to  adjourn  to  a  certain  day,  to  lay  on  the  table,  to  amend, 
or  to  adjourn  the  council. 

15.  A  motion  for  the  "previous  question"  or  to  lay  the  question 
on  the  table,  shall,  until  decided,  preclude  all  amendment  and  all 


292  GENERAL    ORDINANCES 


debate  of  the  main  question;  and  likewise  a  motion  to  postpone  a 
question  indefinitely,  or  to  adjourn  to  a  certain  day,  shall,  until 
decided,  preclude  all  amendment  to  the  main  question. 

16.  The  "previous  question"  shall  be  put  as  follows:  "Shall 
the  main  question  be  now  put?" 

17.  A  motion  to  adjourn  shall  always  be  in  order,  and  shall  be 
decided  without  debate. 

18.  In  all  cases  the  name  of  the  member  offering  a  resolution  or 
motion,  shall  be  entered  with  it  upon  the  journal. 

19.  The  yeas  and  nays  shall  be  taken  on  the  passage  of  every 
ordinance,  and  on  all  propositions  to  create  any  liability  against  the 
city,  or  for  the  expenditure  or  appropriation  of  its  moneys,  and 
shall  be  entered  upon  the  journal;  and  likewise,  upon  any  other 
question,  if  any  member  require  it,  provided  it  is  called  for  previous 
to  the  taking  of  the  vote. 

20.  No  ordinance  shall  be  repealed  or  passed,  or  contract  or  ap- 
propriation made,  unless  by  a  vote  of  the  majority  of  the  board. 

21.  Committees  to  whom  any  subject  may  be  referred,  shall 
report  in  writing,  at  the  next  regular  meeting  of  the  council,  unless 
further  time  is  given,  and  such  reports  shall  be  filed  awa}^  and  pre- 
served by  the  clerk. 

22.  Any  report  of  a  committee  of  the  council  shall  be  deferred 
for  final  action  thereon  to  the  next  regular  meeting  of  the  same 
after  the  report  is  made,  upon  the  request  of  any  two  aldenrten 
present. 

23.  The  clerk  shall  forward  all  papers  to  the  appropriate  com- 
mittees and  officers,  as  early  as  the  next  day,  after  the  reference 
shall  be  made. 

24.  Every  proposition  involving  the  expenditure  of  money  shall 
be  referred  to  an  appropriate  standing  committee,  and  a  report 
thereon  made  to  the  council  b\'  said  committee  before  the  council 
vote  upon  the  expenditure. 

25.  On  all  points  of  order  not  herein  specially  provided  for, 
Cushing's  Manual  of  Parliamentary  Practice  is  adopted  and  made 
the  law  governing  the  deliberations  of  said  council. 

26.  The  foregoing  rules,  or  any  of  them,  may  be  repealed  or 
annulled,  abridged,  modified  or  suspended,  by  a  vote  of  two-thirds 
of  the  council. 

27.  The  city  engineer,  chief  of  police,  commissioner  of  health, 
superintendent  of  buildings,  plumbing  inspector,  fire  chief,  and 
corporation  counsel  shall  attend  all  regular  meetings  of  the  city 
council. 


GENERAL    ORDINANCES  293 


CHAPTER  XXXI. 
SEWERS. 

952.  Sanitary  and  surface  water.]  §  1.  All  sewers  and  drains 
in  this  city  are  divided  into  two  classes,  viz:  First,  the  sanitary 
sewers,  which  are  solely  for  the  purposes  of  sanitary  drainage, 
and  are  a  part  of  the  general  sanitary  drainage  system  originally 
devised  by  George  E.  Warring,  Jr.;  and,  second,  the  surafce  water 
sewers,  which  are  solely  for  the  drainage  of  streets,  alleys  and  storm 
waters. 

953.  Uses  of  sanitary  sewers.]  §  2.  No  connection  shall 
be  made  with  any  sanitary  sewer  or  drain,  either  directly  or  indi- 
rectly, for  the  conveyance  or  drainage  of  surface  or  storm  water, 
nor  shall  the  same  be  used  for  the  discharge  of  steam  from  any 
steam  boiler,  engine  or  heating  plant,  nor  shall  any  butcher's  offal, 
or  garbage,  or  dead  animals,  or  clothing,  or  rags,  or  bottles,  or  iron, 
or  wood,  or  any  substance  calculated  to  obstruct  the  same,  be  placed, 
thrown  or  deposited  therein;  all  connections  must  have  fixtures 
connected  with  the  city  water  works,  so  as  to  properly  flush  such 
sewers  and  drains  and  carry  off  the  refuse,  under  a  penalty  of  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars. 

954.  Uses  of  surface  sewers.]  §  3.  As  above  declared,  the 
surface  sewers  are  for  the  drainage  of  streets,  alleys  and  storm 
waters,  and  no  person  shall  connect  therewith  any  sanitary  sewer, 
nor  use  the  same  for  the  discharge  or  depositing  of  any  offal,  or 
kitchen  slops,  or  filth  or  noisome  or  offensive  matter,  likely  to  be- 
come foul  and  offensive  or  a  public  nuisance,  under  a  penalty  of  not 
less  than  five  dollars  nor  more  than  two  hundred  dollars. 

955.  Permit  to  tap  sewers.]  §  4.  No  person  shall  connect 
with  any  sewer  or  drain  of  this  city  except  he  shall  first  obtain  a 
permit  so  to  do,  which  permit  shall  be  granted  by  the  plumbing 
inspector,  upon  compliance  by  the  applicant  with  all  the  require- 
ments fixed  by  ordinance.  A  written  application  must  be  signed 
by  the  owner  of  the  premises  to  be  connected,  stating  their  location, 
and  designating  the  purpose  for  which  the  connection  is  to  be  used, 
and  the  person  who  is  to  do  the  work,  under  a  penalty  of  not  less 
than  five  dollars  nor  more  than  two  hundred  dollars  for  each  offense. 

956.  Connections,  how  made — record.]  §  5.  The  drainage  of 
all  private  property  into  the  public  sewers  shall  be  effected  by 
lateral  sewers  or  house  connections,  made  of  the  best  quality  of 
vitrified  earthenware  sewer  pipe,  true  in  form  and  strong  in  material, 
and  laid  strictly  according  to  the  specifications  prepared  by  George 
E.  Warring,  Jr.,  and  adopted  by  this  city,  and  no  connection  shall 
be  made  except  at  a  T  joint;  no  such  connection  shall  be  made  ex- 


294  GENERAL    ORDINANCES 


ce]3t  by  a  licensed  ])lumber;  all  sewer  connections  shall  confonn 
to  the  plumbing  ordinance. 

In  opening  trenches  in  any  street  or  alley  or  public  highway  the 
same  precautions  and  conditions  must  be  observed  as  in  case  of 
openings  in  any  street,  elsewhere  prescribed,  but  the  permit  and 
bond  shall  be  issued  by  the  plumbing  inspector,  and  it  is  hereby 
made  the  duty  of  said  officer  to  keep  a  full  and  true  record  of  all 
such  pemnits  and  connections. 

A  failure  to  comply  with  any  of  said  conditions  shall  subject  the 
offender  to  a  fine  of  not  less  than  fi\'e  dollars  nor  more  than  one 
hundred  dollars. 

957.  Access    to    private    property    for    inspection.]     §  6.     All 

connections  with  any  of  the  public  sewers  of  this  city,  whether 
sanitary  or  storm  water,  and  the  right  to  use  the  same,  are  upon  the 
express  condition  that  the  city  and  its  authorized  officers  having  in 
charge  the  construction,  inspection  and  repair  of  the  same,  may  at 
any  reasonable  hour  and  in  a  reasonable  manner,  enter  upon  any 
and  all  private  property,  directly  or  indirectly  connected  with  or 
using  said  sewers,  for  all  lawful  purposes  reasonably  necessary,  for 
the  construction,  maintenance,  inspection  and  repair  thereof;  and 
any  person  refusing  access  for  said  purpose  or  purposes  shall  be  fined 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars. 

958.  Weights  and  excavations  prohibited.]  §  7.  No  weight 
of  over  one  ton  shall  be  placed  o^•er  or  upon  any  sewer  or  drain, 
and  no  excavation  shall  be  made  under  or  around  such  sewer  or 
drain  unless  the  same  is  adequately  protected  against  injury,  which 
precautions  must  first  be  approved  by  the  plumbing  inspector; 
any  violation  of  the  foregoing  requirements  shall  subject  the  offender 
to  a  fine  of  not  less  than  five  dollars  nor  more  than  two  hundred 
dollars. 


CHAPTER  XXXII. 
SIDEWALKS. 

959.  Uniformity.]  §  1.  All  sidewalks  hereafter  laid  shall  be 
of  uniform  width,  line  and  grade. 

Any  sidewalk  or  pavement  hereafter  built,  which  does  not  confonii 
substantially  to  said  grade,  or  said  line,  or  to  the  materials  and 
workmanship  required,  is  hereby  declared  to  be  a  nuisance,  and 
the  person  building  the  same,  or  the  owner  of  the  adjoining  prem- 
ises, refusing  to  remove  the  same,  on  five  days'  written  notice,  to  be 
given  by  the  city  engineer,  shall  be  fined  not  less  than  ten  dollars, 


GENERAL    ORDINANCES  295 


nor  more  than  two  hundred  dollars,  and  in  a  like  sum  for  each  day 
the  same  is  suffered  to  remain,  after  notice  as  aforesaid.  In  such 
case  the  said  walk  may  be  summarily  removed,  and  re-constructed 
by  the  city,  and  the  expense  collected  from  the  property  owner. 

All  sidewalks  hereafter  constructed  shall  be  constructed  within 
eighteen  inches  of  the  property  line  unless  otherwise  authorized  by 
ordinance  hereafter  adopted. 

960.  Tearing  up,  prohibited.]  §  2.  No  sidewalk  upon  any 
public  street,  alley  or  highway  shall  be  torn  up  or  removed  without 
the  consent  of  the  city  or  the  officials  charged  with  the  duty  of  con- 
structing, maintaining  or  repairing  the  same,  under  a  penalty  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars:  Pro- 
vided, however,  that  such  consent  is  hereby  expressly  given  where  a 
new  walk  is  ordered  to  be  put  down  by  ordinance. 

961.  Standard  specifications  for  cement  sidewalks.]  §  3.  Said 
sidewalks  shall  be  built  and  constructed  in  accordance  with  the 
following  specifications,  viz : 

(1)  The  Frost  Bed. — The  frost  bed  shall  be  excavated  to  a 
depth  of  ten  (10)  inches  below  the  grade.  "  The  exposed  surface  of 
such  excavation  shall  be  tamped  with  a  tamp  having  a  face  area  of  at 
least  100  square  inches,  and 'weighing  not  less  than  sixty  pounds. 
The  said  excavation  shall  then  be  filled  to  a  point  five  (5)  inches 
below  the  finished  surface  of  the  walk,  with  coarse  gravel  extending 
in  height,  when  tamped,  to  five  inches  below  the  finished  surface  of 
the  walk;  said  gravel  shall  contain  no  pebbles  larger  than  one  inch 
in  diameter,  and  shall  be  placed  in  the  said  excavation  in  one  layer 
and  thoroughly  tamped  in  position  with  the  tamping  tool  described 
above.     The  gravel  must  be  clean  and  well  selected. 

(2)  Concrete  Bed. — On  the  frost  bed,  as  above  described,  there 
shall  be  placed  a  bed  of  concrete  four  inches  in  thickness,  after 
tamping,  composed  of  crushed  lime-stone,  no  piece  larger  than  will 
pass  a  two-inch  ring;  clean,  coarse,  sharp  sand,  Portland  cement 
and  water  mixed  as  follows:  One  part  best  Portland  cement,  two 
parts  sand,  and  four  parts  crushed  lime-stone,  or  one  part  best 
Portland  cement  and  five  parts  gravel ;  to  be  thoroughly  mixed  under 
the  direction  of  the  City  Engineer;  the  sand  or  gravel  and  cement 
are  to  be  mixed  dry,  the  water  then  applied,  and  the  mass  thoroughly 
mixed;  after  which  add  the  crtished  stone  and  turn  and  work  the 
entire  mass  until  all  parts  of  the  same  have  been  thoroughly  mixed. 
After  placing  the  same  on  the  frost-bed,  the  concrete,  as  above 
described,  is  to  be  spread  and  thoroughly  tamped,  and  brought  to  a 
uniform  surface,  one  inch  below  the  finished  surface  of  the  walk. 
No  concrete  shall  be  used  after  it  has  begun  to  show  evidence  of 
setting,  nor  shall  any  concrete  which  has  once  set  be  used  as  material 


296  GENERAL    ORDINANCES 


for  mixing  a  new  batch.  Any  batch  which  may  show  evidence  of 
setting  before  tam])ing  is  completed  shall  be  removed  from  the  work 
forthwith;  nor  shall  any  batch  be  so  wet  as  to  give  laterally  while 
being  tamped.  Tam]3ing  shall  be  done  until  the  mass  is  thoroughly 
compacted,  and  brought  to  a  true  grade  and  surface,  one  inch  below 
the  finished  surface  of  the  walk.  Any  evidence  of  lack  of  compaction 
will  be  regarded  as  sufficient  reason  for  rejection  and  removal.  No 
walking  upon  or  disturbance  of  the  concrete  bed,  after  tamping,  will 
be  permitted.  The  finishing  coat,  as  hereinafter  described,  shall  be 
applied  before  the  concrete  of  the  concrete-bed  has  fully  set,  and  only 
as  much  concrete  shall  be  laid  at  a  time  as  shall  be  covered  by  the 
finishing  coat  on  the  same  day. 

(3)  The  Finishing  Coat. — The  finishing  coat  shall  not  be  less 
than  one  inch  in  thickness  at  any  point  in  the  walk;  the  said  thick- 
ness to  be  determined  by  drilling,  should  the  engineer  so  decide. 
This  finishing  coat  shall  be  composed  of  the  same  high-grade  Portland 
cement  used  in  the  said  concrete-bed,  and  clean,  screened  sand, 
mixed  in  the  proportion  of  one  part  Portland  cement  and  ore  and  a 
half  parts  sand.  i\ll  sand  which  shall  be  used  in  the  finishing  coat 
shall  pass  a  vertical  wire  screen  ha^'ing  four  meshes  to  the  inch,  and 
to  be  refused  by  a  20  by  20  mesh  screen;  all  the  material  passing 
the  20  by  20  mesh  screen  must  not  be  used.  After  thoroughly  mixing 
the  sand  and  cement  they  shall  be  wet  to  make  a  stiff  mortar  and 
carefully  smoothed  to  an  even  surface,  which  must  be  finished  and 
troweled  complete  before  the  initial  set.  In  sunny  weather  the  sur- 
face of  the  said  walk  shall  be  kept  continualh^  wet  by  sprinkling, 
until  the  final  setting;  and  in  dry,  hot  weather  the  said  walk,  when 
being  finished,  shall  be  kept  covered  with  suitable  material  so  as  to 
prevent  its  drying  too  quickly. 

(4)  General  Specifications.—  Cement  used  in  said  walks  shall 
be  Vulcanite,  Medusa  or  Alpha  brands  of  Portland  cement.  All 
Portland  cement  used  in  the  said  sidewalks  must  be  delivered  in  the 
original  packages  at  the  place  where  the  said  walks  arg  to  be  con- 
structed, and  shall  be  subjected  to  rigid  inspection  by  the  City 
Engineer.  All  sand  shall  be  thoroughly  washed  before  being  used,^ 
as  the  sand  must  be  free  from  all  foreign  matter.  The  water  used  in 
mixing  material  for  the  concrete-bed  and  finishing  coat  must  be  fresh 
and  clean,  and  shall  be  sprayed  upon  the  mixture  until  the  proper 
consistency  is  obtained.  The  work  shall  be  barricaded  with  wire 
netting  or  other  suitable  protection  for  at  least  five  days  after  com- 
pletion, and  the  person  doing  the  work  shall  be  responsible  for  all 
damage  to  the  walk  during  that  time  and  until  its  final  acceptance 
by  the  City  Engineer.  All  wings,  approaches  and  intersecting 
cement  walks  shall  be  connected  with  the  main  walk  by  means  of 
curves,  on  a  radius  of  at  least  sixteen  inches.  Any  person  construct- 
ing such  walk  shall  suspend  operations,  when  notified  by  the  City 


GENERAL    ORDINANCES  297 


Engineer,  if  the  weather  is  unsuitable  to  carry  on  the  work.  The 
sidewalks  shall  be  properly  cut  for  expansion  joints  into  blocks,  as 
nearly  uniform  in  size  as  practicable;  no  block  shall  contain  more  than 
thirty-six  square  feet.  Both  edges  of  the  walk  shall  be  beveled 
one-half  inch,  and  all  joints  beveled  with  a  proper  tool  after  cutting. 

§  3.  The  construction  of  the  said  sidewalk  and  the  materials  used 
therein  shall  be  under  the  supervision  and  subject  to  -the  approval 
of  the  City  Engineer,  whose  duty  it  shall  be  to  see  that  the  sidewalk 
herein  designated  shall  be  laid  in  conformity  with  the  requirements 
of  this  ordinance. 

962.  Penalty.]  §  4.  Any  person,  or  persons,  firm  or  corporation 
who  shall  construct  any  sidewalk  within  the  limits  of  the  City  of 
Danville,  which  is  not  in  accordance  with  the  above  specifications, 
shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars. 

963.  Drains  across  sidewalks.]  §  5.  No  water  from  any 
building  or  premises  shall  be  suffered  to  spread  over  the  sidewalk 
and  no  open  drain  shall  extend  across  any  sidewalk,  but  such  drain, 
if  built,  must  be  covered  and  substantially  boxed,  and  must  be 
kept  in  repair,  so  that  the  level  of  the  sidewalk  is  not  interfered 
with;  under  a  penaltj^  in  either  case  of  not  less  than  one  dollar  nor 
more  than  fifty  dollars. 

964.  Obstructing  or  driving  on  walks.]  §  6.  No  person  shall 
lead  or  drive  any  animal,  or  any  wagon  or  vehicle,  upon  or  along  any 
sidewalk,  except  at  cross-walks,  nor  shall  the  same  be  permitted  to 
stand  or  remain  upon  any  such  walk,  subject  to  a  penalty  of  not  less 
than  one  dollar  nor  more  than  fifty  dollars. 

965.  Gates  not  to  swing  over  sidewalks.]  §  7.  All  gates  open- 
ing upon  any  public  street  shall  be  so  constructed  as  not  to  swing 
out  upon  or  over  any  sidewalk;  unless  such  gate  is  so  hung  as  to  be 
self-shutting;  a  failure  to  observe  this  reqtiirement  shall  subject  the 
offender  to  a  fine  of  not  exceeding  fifty  dollars. 

966.  Crowds  obstructing  sidewalks.]  §  8.  When  two  or  more 
persons  shall  stand  or  crowd  together  so  as  to  obstruct  any  sidewalk, 
or  prevent  the  free  passage  of  pedestrians,  each  shall  be  subject  to  a 
fine  of  not  less  than  one  dollar  nor  more  than  fifty  dollars. 

967.  Areas  under  sidewalks.]  §  9.  No  space  under  any  side- 
walk shall  be  occupied  for  any  vault,  area  way,  coal  hole,  or  for  any 
other  purpose,  by  any  person  for  private  uses,  except  by  permission 
of  the  city  council,  duly  entered  of  record,  nor  except  on  this  con- 
dition, viz :  That  the  same  shall  be  securely  covered  by  proper  iron 
doors,  or  shutters,  or  caps,  and  by  a  substantial  sidewalk,  and  that 
such  persons  will  constantly  keep  the  same  in  a  safe  condition. 


298  GENERAL    ORDINANCES 


A  failure  to  observe  this  condition  shall  be  cause  for  revocation  of 
the  permit  on  five  days'  written  notice. 

Such  use  without  a  permit,  or  after  revocation,  will  subject  the 
offender  to  a  fine  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars,  and  to  a  like  penalty  for  each  day  the  same  is  suf- 
fered to  remain  after  the  first  conviction. 

968.  Cellar  ways.]  §  10.  No  cellar  way,  window  or  other 
opening,  and  no  steps  shall  be  built  or  maintained  upon  any  street, 
alley  or  sidewalk,  under  a  penalty  of  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars,  and  a  like  penalty  for  each  day  the 
same  is  suffered  to  remain  after  the  first  conviction. 

969.  Entrances  to  cellar  ways  to  be  guarded.]  §  11.  In  case 
any  cellar  way,  or  opening  of  any  kind  is  adjacent  to  a  public  side- 
v."alk,  street  or  alley,  but  located  on  private  property,  the  same 
shall  be  securely  protected  by  a  substantial  iron  guard  or  railing, 
or  covering,  under  a  penalty  of  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars,  and  a  like  penalty  for  each  day  the  same 
is  suffered  to  remain  after  the  first  conviction. 

970.  Hitching  posts.]  §  12.  Hitching  posts  are  prohibited  on 
Main  street,  from  the  Wabash  R.  R.  to  Gilbert  street;  on  Vermilion 
street  from  South  street  to  Madison  street;  on  North  street  from 
Walnut  street  to  the  Wabash  R.  R.;  on  either  Washington  avenue, 
Jackson,  Hazel  or  Walnut  streets  from  Main  street  to  North  street, 
under  a  penalty  of  not  less  than  one  dollar  nor  more  than  fifty  dollars : 
Provided,  That  nothing  herein  shall  prohibit  the  placing  of  suitable 
rings  in  the  sidewalk  for  temporary  hitching  purposes. 

971.  Awnings.]  §  13.  All  awnings,  except  canvass  awnings, 
are  prohibited  within  the  fire  limits,  and  in  no  case  shall  any  awn- 
ing be  less  than  eight  feet  above  the  sidewalk,  in  the  clear,  includ- 
ing all  curtains  or  drops,  nor  shall  the  same  be  supported  by  posts, 
under  a  penalty  of  not  less  than  fi\'e  dollars  nor  niore  than  one 
hundred  dollars. 

972.  Signs.]  §  14.  All  signs  extending  over  a  street,  alley 
or  sidewalk  shall  be  securely  fastened,  and  shall  in  no  e\'ent  extend 
out  further  from  the  building  than  three  (3)  feet,  and  shall  be  so 
kept  as  not  to  creak  or  make  disagreeable  noises,  under  a  penalty 
in  either  case  of  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

973.  Painting  on  sidewalks.]  §  15.  It  shall  be  unlawful  for 
any  person  to  paint  any  sign  or  advertisement,  or  to  daub  or  other- 
wise put  paint  upon  any  sidewalk  or  pavement  under  a  penalty  of 
not  less  than  three  dollars  nor  more  than  fift  v  dollars. 


GENERAL   ORDINANCES  299 


974.  Obstruction  by  merchandise.]  §  16.  The  use  of  sidewalks 
in  said  city  for  the  exhibition  of  merchandise  for  advertising  or  sale 
thereof  is  prohibited  beyond  a  line  thirty  inches  outside  of  the 
property  line ;  and  the  use  of  such  sidewalks  for  the  purpose  of  storing 
merchandise  is  prohibited,  and  particularly  the  leaving  thereon  of 
heavy  goods,  large  boxes,  casks,  barrels  and  the  like,  to  the  annoy- 
ance or  inconvenience  of  passers-by;  any  person  guilty  of  causing 
such  an  obstruction,  who,  upon  request  of  any  police  officer  of  said 
city,  shall  fail  to  remove  the  same  immediately,  shall  be  fined  not 
less  than  three  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

975.  Display  of  fruits  and  vegetables.]  §  17.  No  fruits,  grocer- 
ies, vegetables  or  provisions  intended  for  human  food,  except  melons, 
shall  be  exposed  for  sale  or  advertisement,  upon  any  sidewalk  at  a 
height  of  less  than  eighteen  inches  above  such  sidewalk ;  and  all  apples, 
peaches,  pears,  grapes,  berries  and  other  articles  of  human  food,  not 
ordinarily  washed,  or  peeled  before  using,  when  so  exposed,  shall  be 
covered,  at  all  times,  with  fine  wire  screen  or  soft  mosquito  netting. 
No  meats,  fish  or  dressed  poultry  shall  be  displayed,  or  exposed  for 
sale  or  advertisement  upon  any  sidewalk  in  said  city.  Any  person 
violating  any  of  the  provisions  of  this  section  shall  be  fined  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

976.  Banana  peelings,  etc.]  §  18.  Whoever  shall  throw,  cast, 
lay  or  place  on  any  sidewalk  the  rind  or  peel  of  any  orange,  banana 
or  other  fruit,  shall  be  fined  not  less  than  one  dollar  nor  more  than 
ten  dollars. 


CHAPTER  XXXIII. 

STREETS  AND  ALLEYS. 

977.  Numbering  of  Houses.]  §  1.  The  system  of  numbering 
buildings  shall  be  the  decimal  system,  one  hundred  numbers  being* 
assigned  to  each  block.  The  even  numbers  shall  be  on  the  west  side 
of  the  north  and  south  streets,  and  on  the  south  side  of  the  east  and 
west  streets.  For  the  east  and  west  streets  the  numbers  shall  begin 
at  Vermilion  street,  and  for  the  north  and  south  streets  they  shall 
begin  at  Alain  street.  The  figures  of  the  numbers  shall  be  at  least 
three  inches  in  length,  and  shall  be  legible  and  placed  in  a  conspicu- 
ous place  at  the  side  of  or  above  the  front  door  of  the  building.  The 
numbers  shall  be  assigned  by  the  City  Engineer.  Where  new  build- 
ings have  heretofore  been  built,  or  may  hereafter  be  built  in  blocks 
already  numbered,  the  City  Engineer  shall  re-number  the  buildings 
therein,  and  it  is  hereby  made  the  duty  of  the  owners  or  occupants  of 


300  GENERAL   ORDINANCES 


all  buildings  so  numbtred  or  re-numbered,  to  accept  the  number  so 
assij^ned  by  said  City  Engineer,  and  any  person  who  shall  fail  or 
refuse  to  so  number  or  re-number  any  such  building  owned  or  occu- 
pied by  him,  or  who  shall  number  the  same  with  a  different  number 
than  the  one  so  assigned,  shall  be  fined  not  less  than  three  dollars 
nor  more  than  ten  dollars,  and  in  a  like  sum  for  every  period  of  thirty 
days  thereafter  during  which  such  default  shall  continue  after  the 
first  conviction. 

978.  Opening  paved  streets — bond — penalty.]  §  2.  No  person 
shall  injure,  tear  up,  molest  or  make  any  opening  in  or  under  any 
street  or  alley,  for  any  purpose  whatever,  unless  he  shall  first  obtain  a 
permit  for  so  doing  as  hereinafter  provided. 

Any  person  desiring  such  a  permit  shall  first  make  a  written  appli- 
cation therefor,  in  and  by  which  he  shall  agree  to  abide  by  and  comply 
with,  all  the  terms  of  this  section,  and  shall  give  bond  in  the  penal 
sum  of  three  hundred  dollars  with  at  least  one  good  and  sufficient 
surety  to  be  approved  by  the  city  council,  and  conditioned  to  restore 
all  streets  and  alleys  to,  and  maintain  them  in,  as  good  condition  as 
they  were  in  before  openings  were  made  in  them  by  said  person,  and 
also  conditioned  to  save  and  keep  harmless  the  said  city  from  all 
damages  and  habilities  in  the  premises :  Provided,  also,  that  in  every 
case  where  an  opening  is  to  be  made,  the  person  to  make  such  opening, 
shall  first  obtain  a  permit  from  the  City  Sewer  Inspector :  And  pro- 
vided, also,  that  when  such  an  opening  has  been  made  in  a  street  or 
alley  such  street  or  alley  shall,  by  the  one  to  make  such  an  opening, 
be  restored  to,  and  maintained  in,  as  good  condition  as  the  same  was 
in  before  such  opening  was  made. 

A  record  shall  be  kept  of  such  permits,  and  such  bonds  shall  be 
filed  with  the  city  sew^er  inspector.  In  case  it  is  found  that  the  con- 
dition of  said  street  or  alley  is  not  restored,  as  hereby  required,  the 
holder  of  such  permit,  upon  notice,  shall  immediately  make  good  the 
defect,  and  if  he  shall  fail,  neglect  or  refuse  to  do  so  at  once,  the 
city  may  do  whatever  is  necessary  to  restore  said  street  or  alley  to 
as  good  condition  as  the  same  was  in  before  an  opening  in  said  street 
or  alley  was  made,  and  the  cost  and  expense  thereof  shall  be  recovered 
in  an  appropriate  action  on  the  bond. 

Any  person  w^ho  shall  make  any  opening  in  or  under,  or  shall  injure, 
tear  up  or  molest  any  street  or  alley  without  first  having  obtained 
such  permit,  shall  be  fined  not  less  than  ten  dollars  and  not  more 
than  one  hundred  .dollars  for  each  offense. 

979.  Excavations  in  other  streets.]  §  3.  No  excavation  shall 
be  made  in  any  street  or  alley  (other  than  paved  streets  or  alleys) 
without  a  written  pennit  by  the  city  engineer,  or  plumbing  inspector. 
Such  excavation  shall  be  immediately  filled  up,  with  no  unnecessary 
delay,  to  the  proper  level  of  the  surface,  and  shall  from  time  to  time 


GENERAL   ORDINANCES  301 

be  repaired  until  the  earth  is  completely  settled  to  the  proper  level; 
sueh  street  or  alley  shall  be  restored  and  maintained  in  as  good  con- 
dition as  it  was  in  before  such  excavation  was  made.  In  case  of 
default  and  a  failure  to  do  so  upon  notice,  the  city  engineer  may  pro- 
ceed to  restore  the  same,  and  the  expense  may  be  charged  up  and 
recovered  in  like  manner  as  in  cases  of  paved  streets. 

Any  person  who  shall  excavate  in  any  street  or  alley  (other  than 
paved  streets  or  alleys)  without  a  pennit,  as  aforesaid,  shall  be  fined 
not  less  than  five  dollars  nor  more  than  fifty  dollars. 

980.  Excavation  for  surface  pipes.]  §  4.  Hereafter  when  any 
service  pipe  from  any  water  main  shall  be  laid  or  relaid,  in  any  street, 
alley  or  other  public  place,  the  same  shall  be  made  of  lead,  and  shall 
be  enclosed  in  a  vitrified  sewer  pipe  of  not  less  than  four  inches  in 
diameter.  Said  sewer  pipe  shall  be  so  placed  as  to  present  as  little 
obstruction  as  possible  to  the  removal  of  said  lead  pipe  and  the  re- 
insertion of  the  same,  or  of  another  of  the  same  material.  After 
any  such  service  pipe  has  been  so  laid,  it  shall  be  unlawful  to  dig  or 
excavate  in  the  said  street,  alley  or  public  place,  any  trench,  ditch  or 
hole  larger  than  is  conveniently  necessary  to  allow  connection  with, 
and  disconnection  from,  the  main  to  be  made :  Provided,  however, 
that  in  case  it  shall  be  made  to  appear  to  the  city  council  that  some 
contingency  has  arisen  rendering  the  making  of  a  larger  opening 
necessary,  i:>ermission  may  be  given  to  make  the  same  by  a  vote  of 
two-thirds  of  the  members  of  the  council.  Whoever  shall  hereafter 
place  or  lay,  or  cause  to  be  placed  or  laid,  any  service  pipe  of  the  kind 
hereinbefore  mentioned  in  any  street,  alley  or  public  place,  except  in 
the  manner  and  of  the  material  above  specified,  shall  be  fined  not  less 
than  twenty-five  dollars  and  not  more  than  one  hundred  dollars  for 
each  offense,  and  shall  also  be  reciuired  to  re-lay  the  same  in  the  man- 
ner herein  specified,  and  in  case  of  his  failure  so  to  do  within  ten  days 
after  being  notified  by  the  Mayor  or  City  Engineer,  the  said  pipe 
shall  be  relaid  and  constructed  as  above  provided,  by  the  City 
Engineer,  and  the  expenses  attending  the  same  shall  be  collected 
from  the  person  so  offending  in  any  appropriate  action. 

981.  Removing  earth  from  street.]  §  5.  Whoever  shall  for  any 
private  purpose,  dig,  remove  or  carry  away  any  earth  from  any  street 
or  alley,  without  permission  of  the  city  council,  shall  be  subject  to  a 
penalty  of  not  less  than  one  dollar  nor  more  than  five  dollars  for  each 
wagon  load  or  fractional  part  thereof,  removed  or  carried  away,  and 
any  city  officer  who  shall  sell  any  such  earth  for  his  private  gain  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars. 

982.  Excavations  to  be  guarded — obstructions.]  §  6.  Whoever 
shall  make  any  opening  in  any  street  or  alley  shall  protect  the  same 
by  a  substantial  barrier  on  each  side,  and  in  the  night  time  shall 


302  GENERAL   ORDINANCES 


protect  the  same  by  red  lights,  and  in  case  the  openinj^^  is  across  a 
sidewalk  it  shall  not  be  left  open  at  nij^^ht  unless  iDridj^^ed,  and  such 
other  i)recautions  shall  be  observed  as  are  reasonably  necessary  to  pre- 
vent accident  to  persons,  animals  or  i)roperty,  and  no  obstructions 
shall  be  placed  in  any  street  or  alley  likely  to  cause  accidents.  Any 
one  making  any  such  opening  and  failing  to  observe  any  of  said  re- 
quirements or  placing  any  such  obstructions  on  any  street  or  alley, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  on?  hundred 
dollars. 

9.83.  Removing  grade  or  corner  stakes.]  §  7.  Whoever  shall 
wilfully  change  or  remove  any  stake,  post  or  corner  stone  set  to 
designate  the  comer  or  line  of  any  lot  or  land,  street  or  alley,  or  set 
to  designate  the  grade  of  any  street,  alley,  sidewalk,  or  public  work 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars  nor  more  than 
fifty  dollars. 

984.  Rubbish  on  streets.]  §  8.  Whoever  shall  throw  any 
paper,  straw,  tin  cans,  or  litter  of  any  kind  into  any  street,  alley  or 
open  space  of  ground,  or  shall  cause  any  cart,  wagon  or  other  vehi- 
cle to  be  so  loaded  with  sand,  manure,  earth,  rubbish  or  any  other 
thing,  so  that  in  the  hauling,  any  part  of  such  load  shall  be  scattered 
or  dropped  in  any  street,  alley  or  open  place,  shall  be  fined  not  less 
than  one  dollar  nor  more  than  fifty  dollars. 

985.  Glass  in  the  street.]  §  9.  Whoever  shall  throw  or  deposit, 
any  glass  of  an}^  kind,  crockery- ware,  tacks,  nails,  or  any  other  ma- 
terial, substance  or  thing,  which  is  likely  to  cut  or  puncture  rubber 
tires  of  any  vehicle,  in  any  public  street,  alley  or  other  public  place, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  two  hundred 
dollars  for  each  offense. 

986.  Obstructing  street  by  teams.]  §  10.  Whenever  any  street 
or  alley  or  any  public  crossing  shall  become  obstructed  by  the  stand- 
ing of  any  team  or  vehicle,  or  by  the  press  of  vehicles,  any  police 
officer  may  give  orders  and  directions  such  as  may  be  deemed  neces- 
sary to  abate  the  obstruction,  and  it  is  made  the  duty  of  all  persons 
to  obey  such  orders  and  directions,  and  for  a  failure  to  do  so  the 
offender  shall  be  fined  not  less  than  one  dollar  nor  more  than  fift\' 
dollars  for  each  offense. 

987.  Driving  unhaltered  horses.]  §  11.  "It  shall  be  unlawful 
to  drive  any  horses  or  mules  through  the  streets  and  alleys  of  this 
city  unless  they  be  securely  haltered  or  controlled  and  led  by  a  person 
who  is  competent  and  who  has  control  thereof.  Any  person  violating 
the  provisions  of  this  section  shall  be  fined  not  less  than  three  dollars 
and  not  more  than  fifty  dollars. 

988.  Trees.]  §  12.  Any  person  setting  out  or  cultivating  any 
trees  upon  any  sidewalk  between  the  property  line  and  the  curb 


GENERAL    ORDINANCES  303 


line,  shall  keep  the  same  trimmed  up  to  a  clear  height  of  ten  feet  from 
the  level  of  the  walk,  under  a  penalty  of  not  less  than  one  dollar  nor 
more  than  twenty-five  dollars. 

989.  Teams  standing  on  streets.]  §  13.  No  horse,  team,  buggy 
or  other  vehicle  shall  be  allowed  to  stand  in  any  street  or  alley  within 
the  fire  limits,  for  the  space  of  thirty  minutes  or  more,  under  a  penalty 
of  not  less  than  one  dollar  nor  more  than  twenty-five  dollars. 

990.  Backing  vehicles  in  street.]  §  14.  No  vehicle  shall  back 
to  make  a  turn  in  any  street,  if  by  so  doing  it  interferes  with  other 
vehicles,  but  the  person  in  charge  of  such  vehicle  shall  go  around  the 
block,  or  to  a  street  sufficiently  wide  to  turn  without  backing.  Any 
person  violating  the  provisions  of  this  section  shall  be  fined  not  less 
than  one  nor  more  than  one  hundred  dollars  for  each  offense. 

991.  Crossing  of  streets.]  §  15.  Vehicles  crossing  from  one 
side  of  the  street  to  the  other  shall  do  so  by  turning  to  the  left,  so  as 
to  head  in  the  same  direction  as  the  traffic  on  that  side  of  the  street 
towards  which  the  crossing  is  made,  and  when  a  street  is  congested 
with  traffic,  such  vehicles  shall  go  to  the  intersection  before  turning, 
and  no  vehicles  shall  stop  with  its  left  side  to  the  curb.  Any  person 
violating  the  provision  of  this  section  shall  be  fined  not  less  than  one 
nor  more  than  one  hundred  dollars. 

992.  Horses  standing  on  the  street.]  §  16.  No  person  shall  tie 
or  leave  standing  any  horse,  team,  or  automobile,  or  other  vehicle, 
on  Vermilion  street  between  Harrison  street  and  South  street,  nor 
on  Main  street  between  the  right  of  way  of  the  Wabash  Railroad 
and  Franklin  street.  Any  person  violating  the  provisions  of  this 
section  shall  be  fined  not  less  than  one  nor  more  than  one  hundred 
dollars  for  each  violation. 

993.  Where  to  stop.]  §  17.  No  vehicles  shall  stop  on  any  street 
of  this  city  except  in  an  emergency,  Unless  within  two  feet  of  the  curb, 
nor  in  such  way  as  to  obstruct  the  free  passage  of  the  street,  and  it 
shall  be  the  duty  of  the  person  in  charge  of  any  vehicle  to  stop  the 
same  upon  signal  from  a  police  officer.  Any  person  violating  the 
provisions  of  this  section  shall  be  fined  not  less  than  one  nor  more 
than  one  hundred  dollars  for  each  offence. 

994.  Mortar  not  to  be  mixed  on  paved   streets.]     §  18.     The 

mixing  of  mortar,  and  the  depositing  or  dropping  of  the  same  on  the 
paved  streets,  is  hereby  prohibited,  and  whoever  wilfully  deposits 
the  same  upon  any  paved  street,  or  in  the  gutter  of  any  other  street, 
or  who  shall  fail  or  neglect  to  remove  within  twenty-four  hours  any 
mortar  accidentally  dropped  upon  any  such  paved  street,  or  in  any 
such  gutter,  upon  notice  from  the  chief  of  police,  or  any  police  officer, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  fifty  dollars. 


304  GENERAL    ORDINANCES 


995.  Dead  wires.]  §  19.  All  poles  not  used,  and  all  wires 
stnmjj;  in  any  street  or  alley  which  are  no  longer  in  use  and  come 
within  the  terms  of  what  arc  known  as  "dead  wires,"  are  hereby 
declared  to  be  a  nuisance,  and  likewise  all  guide  wires  or  braces  ob- 
structing any  sidewalk,  and  all  persons  having  any  such  poles  or 
wires  or  suffering  or  pemiitting  the  same  to  be  or  remain  in  any  street 
or  alley  after  the  same  have  ceased  to  be  used,  shall  be  fined  not  less 
than  fi\'e  dollars  nor  more  than  fifty  dollars. 

996.  Ashes,  manure,  etc.,  in  alleys,  etc.]  §  20.  It  is  hereby 
declared  to  be  unlawful  to  place  any  ashes,  cinders,  manure,  trash, 
or  any  other  material  in  any  alley  or  street. 

Any  person  violating  any  of  the  provisions  hereof  shall  be  fined 
not  less  than  three  dollars  nor  more  than  fifty  dollars. 

997.  Barbed  wire  fences.]  §  21.  No  fence  or  barrier  consisting 
of  what  is  known  as  "barbed  wire,"  or  of  which  barbed  wire  is  a  part, 
shall  be  built,  constructed  or  used  along  the  line  of,  or  in,  or  upon, 
or  along  any  street,  a,venue,  public  walk  or  drive.  And  wherever 
any  such  barbed  wire  is  now  so  in  use,  the  same  shall  be  removed 
upon  written  notice  by  the  chief  of  police.  Any  person  owning, 
building  or  controlling  such  fence,  who  shall  fail  to  remove  such  fence 
upon  notice  as  aforesaid,  or  whoever  shall  build  any  such  fence,  shall 
be  liable  to  a  fine  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars. 

998.  Moving  buildings  on  streets—  notice  to  fire  department.] 

§  22.  Any  person  moving  any  building  on  a  pubhc  street  or  alley, 
shall  protect  the  traveling  pubHc  in  the  night  by  placing  thereon  at 
each  end  bright  red  hghts,  and  shall  also  every  evening  notify  the 
fire  chief  of  the  location  of  such  building,  to  the  end  that  no  accident 
may  occur  to  the  department,  under  a  penalty  in  either  case  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

999.  Moving  buildings.]  §  23.  Inside  the  fire  hmits,  the 
streets  and  alleys  shall  not  be  used  for  moving  buildings.  Nor  shall 
any  building  be  moved  along  or  upon  any  street  or  alley  of  this  city, 
outside  of  said  fire  limits,  unless  an  application  is  made  to  the  super- 
intendent of  buildings,  stating  when  and  where  the  same  is  to  be 
moved;  such  application  shall  be  accompanied  by  a  bond  in  the 
penal  sum  of  one  thousand  dollars  conditioned  for  the  indemnity  of 
the  city  on  account  of  any  damage  to  any  street  or  alley  or  improve- 
ment thereon,  and  on  account  of  any  damage  or  Habihty  to  the  city 
on  account  of  the  moving  of  said  building,  which  bond  shall  be  signed 
by  two  good  and  sufficient  sureties;  upon  compliance  with  said  re- 
quirements a  permit  shall  issue.  A  failure  to  observe  any  of  the 
requirements  aforesaid  shall  subject  the  offender  to  a  fine  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense, 


GENERAL    ORDINANCES  305 


1000.  Stands  for  hacks.]  §  24.  That  the  places  where  omni- 
buses, hacks,  cabs  and  other  hke  vehicles  engaged  in  transporting 
passengers,  baggage  or  merchandise,  may  stand,  at  any  depot  or 
other  public  place,  shall  be  designated  by  the  Chief  of  Police,  but  not 
in  such  a  way  as  to  discriminate  between  persons  engaged  in  like 
occupations,  nor  to  impede  public  travel:  Provided,  however,  that 
no  such  omnibus,  hack,  cab  or  other  like  vehicle  shall  stand  in  any 
one  such  public  place  for  more  than  thirty  minutes  at  one  time ;  and 
any  person  refusing  to  obey  the  rules  so  made  shall  be  fined  not  less 
than  one  dollar  nor  more  than  fifty  dollars  for  each  offense. 


CHAPTER  XXXIV. 
VEHICLES. 

1001.  Keep  to  the  right.]  §  1.  All  vehicles  of  every  descrip- 
tion traveling  on  any  bridge,  street,  alley,  highwa}^  or  public  ground, 
or  public  way  whatsoever,  and  all  horsemen,  shall  observe  what  is 
commonly  called  the  "law  of  the  road,"  viz:  Keep  to  the  right 
hand  side  in  passing  and  turning.  And  any  person  failing  to  observe 
said  rules,  and  thereby  occasioning  any  collision  or  accident  with 
any  other  vehicle,  animal  or  person,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars. 

1002.  Speed  of  animals  and  vehicles.]  §  2.  Within  the  limits 
of  Seminary  street  on  the  north,  the  Wabash  railroad  on  the  east, 
South  street  on  the  south,  and  Gilbert  street  on  the  west,  the  speed 
of  all  horses  or  other  animals,  ridden  or  driven,  with  or  without  a 
vehicle;  and  of  all  bicycles,  or  other  vehicles  used  for  transportation, 
is  hereb}^  limited  to  the  rate  of  six  m.iles  per  hour,  and  at  all  other 
places  in  the  city  limits  is  limited  to  twelve  miles  per  hour:  Pro- 
vided, always,  however,  that  in  turning  corners  the  speed  is  in  all 
cases  limited  to  four  miles  an  hour. 

A  violation  of  any  of  the  terms  of  this  section  shall  subject  the 
offender  to  a  fine  of  not  less  than  five  dollars  nor  more  than  two 
hundred  dollars. 

1003.  Lights— horns.]  §  3.  For  the  protection  of  travelers, 
vehicles  shall  be  equipped  as  follows:  Every  bicycle,  or  similar 
vehicle  shall  have  a  bell  or  gong  or  horn  which  shall  be  sounded  in 
case  of  danger,  or  when  necessary  to  give  warning;  and  in  the  night 
time  such  vehicles  shall  also  each  be  equipped  with  at  least  one 
bright,  clear  light,  which  shall  be  kept  burning,  under  a  penalty  in 
either  case  of  not  less  than  five  dollars  nor  .more  than  one  hundred 
dollars. 


306  GENERAL    ORDINANCl^S 


1004.  Vehicles  kept  for  hire — license.]  §  4.  No  person  shall 
keep  or  use  for  hire  for  the  can-yinjj;  of  persons  or  property  any 
vehiele  of  any  kind  without  first  obtainin<^  license  as  elsewhere 
prescribed  in  these  ordinances,  and  each  vehicle  licensed  shall  have 
a  distinct  number,  kept  posted  on  the  vehicle.  The  maximum 
charges  for  such  service  shall  be  as  follows : 

First — Carrying  passengers  between  any  two  points  in  the  city, 
twenty-five  cents;  no  extra  charge  for  one  piece  of  hand-baggage. 

Second — For  the  use  of  any  two-horse  cab,  carriage  or  other  ve- 
hicle, with  driver,  for  carriage  of  persons,  one  dollar  per  hour. 

Third — For  a  one-horse  vehicle,  with  driver,  for  carriage  of  per- 
sons, fifty  cents  per  hour. 

Fourth — For  children  between  six  and  fourteen  years  of  age,  one- 
half  fare. 

Fifth — For  carrying  baggage  between  any  two  points  in  the  city, 
twenty-five  cents  for  each  piece. 

Sixth—  For  carrying  merchandise,  on  any  vehicle,  not  exceeding 
six  blocks,  twenty-five  cents  per  load;  for  any  distance  exceeding 
six  blocks,  fifty  cents  per  load.  By  load  is  hereby  meant  an  ordinary 
wagon  or  dray  load. 

Any  person  failing  to  keep  his  number  posted  as  aforesaid,  or 
charging  rates  in  excess  of  the  foregoing,  shall  be  fined  not  less  than 
three  dollars  nor  more  than  one  hundred  dollars,  and  such  delin- 
quency shall  be  cause  for  forfeiture  of  the  license  by  the  city  council. 

1005.  Brakes,  mufflers,  and  signal  devices  required.]     §  5.     It 

shall  be  unlawful  for  an}-  person  in  charge  or  control  of  any  motor, 
bicycle,  tricycle,  automobile,  or  motor  vehicle,  to  use  such  vehicle  on 
the  streets,  alleys,  or  public  places  within  the  city  limits,  unless  such 
vehicle  be  provided  with  a  good  and  suflEicient  brake  and  muffler, 
and  also  with  a  suitable  bell,  horn  or  other  signal  device.  Any 
person  violating  the  provisions  of  this  Act  shall  be  fined  a  sum  not 
exceeding  two  hundred  dollars  for  each  offence. 

1006.  Open    mufflers    prohibited — machinery    to    be    stopped.] 

§  6.  No  part  of  the  machinery  of  any  motor  bicycle  or  tricycle, 
automobile,  or  motor  vehicle,  shall  be  left  running  while  said  vehicle 
is  left  standing  on  any  of  the  streets,  alleys  or  public  places  within 
said  city,  nor  shall  the  mufifier  of  such  vehicle  be  opened  or  cut  out 
while  such  vehicle  is  in  use  upon  the  streets,  alleys,  or  other  public 
places  of  this  city.  Any  person  violating  the  provisions  of  this 
section  shall  be  fined  in  a  sum  not  exceeding  two  hundred  dollars 
for  every  violation. 

1007.  When  to  stop.]  §  7.  Whenever  it  shall  appear  that  any 
horse  driven  or  ridden  by  any  person  upon  the  streets,  alleys  or 


GENERAL   ORDINANCES  307 


other  public  places  of  this  city  is  about  to  become  frightened  by 
the  approach  of  any  motor-bicycle  or  tricycle,  automobile  or  other 
motor  vehicle,  it  shall  be  the  duty  of  the  person  driving  or  in  charge 
of  such  vehicle,  to  cause  the  same  to  come  to  a  full  stop  until  such 
horse  shall  have  passed.  Any  person  \'iolating  the  provisions  of  this 
section  shall  be  fined  in  a  sum.  not  exceeding  two  hundred  dollars  for 
every  offence. 


CHAPTER  XXXV. 
WEIGHING  COAL. 

1008.  Size  of  ton.]  §  1.  In  the  sale  of  coal,  charcoal  and  coke, 
a  hundred-weight  shall  consist  of  one  hundred  pounds  avoirdupois, 
and  twenty  such  hundred-weight  shall  constitute  a  ton. 

1009.  Delivery  ticket.]  §  2.  Every  person,  firm  or  corporation 
engaged  in  the  business  of  selling  coal,  charcoal  or  coke  to  be  delivered 
in  the  city  to  any  person,  firm  or  corporation  not  engaged  in  the 
business  of  selling  coal,  charcoal  or  coke,  shall  provide  the  driver  of 
the  wagon  or  conveyance  with  a  deliver}^  ticket  bearing  the  name  of 
the  person,  firni  or  corporation  selling  such  fuel,  showing  the  true 
net  weight  of  the  fuel,  and  the  name  and  address  of  the  purchaser 
of  said  fuel,  which  said  delivery  ticket  shall  be  delivered  by  the  driver 
in  charge  of  the  wagon  or  conveyance  to  the  purchaser,  or  his  agent, 
or  representatives  at  the  time  of  the  delivery  of  the  fuel. 

1010.  Delivery  of  ticket.]  §  3.  Every  driver,  or  other  person 
having  charge  of  a  wagon  or  conveyance  in  which  either  of  the 
commodities  mentioned  in  section  two  of  this  chapter  is  being  hauled 
for  delivery  as  aforesaid,  shall,  at  all  times,  during  said  hauling,  have 
in  his  possession  the  delivery  ticket  mentioned  in  said  section  two 
hereof,  and  shall  deliver  said  ticket  to  the  purchaser,  his  agent  or 
representative  at  the  time  of  the  delivery  of  the  fuel. 

1011.  Re-weighing  coal.]  §  4.  Every  person  in  charge  of  a  wagon 
or  conveyance  used  in  delivering  coal,  charcoal  or  coke  shall,  on 
demand  of  any  police  officer  of  said  city,  or  the  purcahser  or  intend- 
ing purchaser  of  the  fuel  being  delivered,  produce  and  deliver  said 
delivery  ticket  mentioned  in  section  two,  and  whenever  said  officer 
or  the  purchaser,  or  intending  purchaser,  shall  demand  that  the 
weight  shown  by  such  delivery  ticket  be  verified,  it  shall  thereupon 
become  the  duty  of  the  person  having  such  fuel  in  his  charge,  to 
convey  the  same  forthwith  to  some  public  scale,  or  to  some  private 
scale  in  the  neighborhood  of  the  place,  where  said  demand  is  made, 
to  be  selected  by  the  said  police  officer,  or  the  purchaser,  or  intending 


308  GENERAL   ORDINANCES 


purchaser  of  the  said  fuel,  and  the  coal,  charcoal  or  coke,  together 
with  the  conveyance  and  equipment,  shall  be  re-weighed  for  he 
jjurpose  of  ascertaining  the  gross  weight  thereof,  and  after  the 
delivery  of  such  fuel  the  person  in  charge  of  such  wagon  or  convey- 
ance shall  return  forthwith,  with  the  conveyance  and  equipment 
used  in  the  delivery  of  such  coal,  charcoal  or  coke,  to  the  same  scale 
selected  by  such  police  officer,  or  purchaser,  or  intended  purchaser, 
and  ])ermit  the  weighing  of  said  conveyance  and  equipment,  for  the 
]jurpose  of  verifying  the  net  weight  of  the  coal,  charcoal  or  coke  as 
shown  by  the  delivery  ticket :  Provided,  however,  that  if  the  seller, 
or  the  driver  of  the  wagon,  or  conveyance,  or  person  in  charge  there- 
of, requests  the  privilege  of  again  re-weighing  said  fuel  on  another 
and  different  scale  from  that  selected  by  the  said  police  officer,  or  the 
purchaser,  or  intending  purchaser,  such  police  officer,  or  purchaser, 
or  intending  purchaser,  shall  consent  to  such  re-weighing  on  some 
other  scale  in  the  neighborhood  of  the  place  where  demand  for  re- 
weighing  is  made. 

1012.  Penalties.]  §  5.  Any  person,  firm  or  corporation,  selling 
and  delivering,  or  attempting  to  sell  and  deliver  coal,  charcoal  or 
coke  in  the  city  without  having  in  the  possession  of  the  driver,  or 
person  in  charge  of  the  wagon  or  conveyance,  at  the  time  such 
delivery  is  being  made,  or  when  such  fuel  shall  be  in  transit,  a  de- 
livery ticket  as  provided  in  sections  two  and  three  of  this  chapter, 
or  who  shall  fail  to  deliver  such  ticket  to  such  purchaser,  or  shall  fail 
to  exhibit  the  said  ticket  to  any  police  officer  or  other  person  as  afore- 
said, shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  offence.  Any  person,  firm  or  corporation,  or  person 
in  charge  of  the  vehicle  or  conveyance  aforesaid,  who  shall  have, 
upon  the  wagon  or  conveyance,  coal,  charcoal  or  coke  of  a  weight 
less  than  that  called  for  by  the  delivery  ticket  issued  or  exhibited 
as  aforesaid,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  dollars  for  each  offence.  Any  driver,  or 
person  in  charge  of  any  wagon  or  conveyance  as  aforesaid,  who  shall 
fail  or  refuse  to  cause  said  fuel  and  wagon  or  conveyance  to  be  re- 
weighed  as  hereinbefore  provided,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  fiftv  dollars  for  each  offence  or  refusal. 


CHAPTER  XXXVI. 

WEIGHTS  AND  SCALES. 

1013.  License  to  keep  scales.]  $  1.  All  persons  desiring  to 
keep  scales  in  any  public  place  for  the  weighing  of  coal,  grain  or 
other  bulky  .substances,  for  other  persons,  shall  take  out  a  license 
for  that  purpose,  to  be  issued  by  the  mayor  and  clerk.     The  fees  for 


GENERAL    ORDINANCES  309 


such  license  shall  be  ten  dollars  per  annum,  and  the  applicant  shall 
also  give  bond  in  the  sum  of  five  hundred  dollars,  with  two  good  and 
sufficient  sureties,  to  be  approved  by  said  clerk,  conditioned  for  the 
observance  of  the  laws  and  ordinances  governing  the  duties  of  said 
occupation.  The  penalty  for  conducting  such  occupation  without 
license  is  hereby  fixed  at  not  less  than  five  dollars  nor  more  than 
two  hundred  dollars. 

1014.  Duties  of  weighers.]  §  2.  Every  person  keeping  any 
such  pubHc  scales  shall  constantly  keep  his  scales  adjusted  in  a  true 
balance,  and  shall  keep  a  true  and  full  record,  in  ink,  in  a  well  bound 
book,  of  each  load  weighed,  and  such  scales  and  books  shall  be  open 
at  all  ordinary  business  hours  for  public  inspection.  A  failure  to 
observe  any  of  these  requirements  will  subject  the  offender  to  a 
penalty  of  not  less  than  one  dollar  nor  more  than  fifty  dollars,  and 
will  also  subject  the  offender  to  a  revocation  of  his  license  by  the 
city  council. 

1015.  Charges.]  §  3.  The' charges  for  any  such  weighing  as 
aforesaid,  shall  not  exceed  ten  cents  per  load,  which  includes  the 
return  weighing  of  the  empty  wagon. 

1016.  Produce  by  weight.]  §  4.  All  grain,  flour,  meal,  hay, 
straw,  feed,  seeds,  nuts,  ice,  vegetables  and  non-vegetable  produce, 
meats  and  non-Hquid  animal  produce,  fish,  butter,  cheese  and  other 
dairy  products,  dry  groceries  and  all  other  similar  articles  of  m.er- 
chandise,  in  the  absence  of  contract  or  agreement  in  writing  to  the 
contrary,  shall  be  sold  by  standard  avoirdupois  weight  or  by  numeri- 
cal count. 

1017.  Standard  of  weight  of  produce.]  §  5.  Whenever  any 
of  the  following  articles  of  merchandise  shall  be  contracted  for,  sold 
or  delivered,  within  the  limits  of  the  said  city,  and  no  written  con- 
tract or  agreement  shall  be  made  to  the  contrary,  the  weights  per 
bushel,  per  barrel,  or  divisible  merchantable  quantities  of  a  bushel 
or  barrel  shall  be  as  follows : 

Wheat  flour,  per  barrel,  196  pounds. 

Wheat  flour  per  half-barrel,  98  pounds. 

Wheat  flour,  per  quarter-barrel  sack,  49  pounds. 

Wheat  flour,  per  eighth-barrel  sack,  24|-  pounds. 

Corn  meal,  per  bushel  sack,  48  pounds. 

Corn  meal,  per  half -bushel  sack,  24  pounds. 

Corn  in  the  ear,  70  pounds,  per  bushel. 

Shelled  corn,  56  pounds,  per  bushel. 

Rye,  56  pounds  per  bushel. 

Oats,  32  pounds,  per  bushel. 

Barley,  48  pounds,  per  bushel. 

Flax  seed,  56  pounds,  per  bushel. 


310  GENERAL    ORDINANCES 


Clover  seed,  60  pounds,  per  bushel. 
Timothy  seed,  45  pounds  per  bushel. 
Wheat,  60  pounds,  per  bushel. 
Irish  ])ototaes,  60  pounds  per  bushel. 
Sweet  potatoes,  50  pounds  per  bushel. 
Beets,  60  pounds,  per  bushel. 
Carrots,  55  ])ounds,  per  bushel. 
Turnips,  55  pounds  per  bushel. 
Onions,  57  pounds,  per  bushel. 
Onion  Tops,  28  pounds,  per  bushel. 
Onion  Sets,  32  pounds  per  bushel. 
White  beans,  60  pounds  per  btishel. 
Parsnips,  55  pounds  per  bushel. 
Rutabagas,  55  pounds,  per  bushel. 
Hiekory  nuts,  50  pounds  per  bushel. 
Walnuts,  50  pounds  per  bushel. 
Green  apples,  50  pounds  per  bushel. 
Dried  apples  24  pounds  per  bushel. 
Dried  peaches,  33  pounds  per  bushel. 
Peas  in  pods,  32  pounds  per  bushel. 
Beans  in  pods,  32  pounds  per  bushel. 
Popcorn,  70  pounds  per  bushel. 
Bran,  20  pounds  per  bushel. 
Buckwheat,  52  pounds  per  bushel. 
Fine  Salt,  55  pounds  per  bushel. 
Coarse  salt,  50  pounds  per  bushel. 
Blue  grass  seed,  14  pounds  per  bushel. 

Passed  February  6th,  1912.  Approved  February  12th,  1912. 

Attest:    J.TORRANCE,  W.  C.  LEWMAN, 

City  Clerk.  Mayor. 


GENERAL    ORDINANCES  311 


CERTIFICATE  OF  CLERK. 

STATE  OF   ILLINOIS,  ] 
Vermilion  County,      '  ss. 
City  of  Danville,        I 

I,  the  undersigned,  John  Torrance,  City  Clerk  of  the  City  of 
Danville,  Illinois,  do  hereby  certify  that  the  foregoing  ordinances 
found  on  pages  189  to  311,  inclusive,  of  this  book,  were  duly  passed 
at  a  regular  meeting  of  the  City  Council,  held  on  the  6th  day  of 
February,  A.  D.,  1912,  and  were  by  the  Mayor  of  said  City  duly 
approved  on  the  12th  day  of  February,  A.  D.  1912,  and  that  the 
foregoing  is  a  trtie  and  correct  copy  of  said  ordinances,  and  is  pub- 
lished in  book  fonri  by  the  order  of  said  City  Council,  as  will  appear 
by  the  records  of  said  City  now  in  my  custody  and  of  which  I  am  by 
law  the  official  custodian. 

Witness  my  hand  and  the  corporate  seal  of  said  City,  this  15th 
day  of  February,  A.  D.  1912. 

John  Torrance, 
[Corporate  Seal.]  City  Clerk. 


SPECIAL  ORDINANCES 


SPECIAL    ORDINANCES  315 


ELECTRIC  LIGHT. 

An  Ordinance — Authorizing  the  Merchants  Electric  Light  and 
Power  Company,  of  Danville,  Illinois,  to  erect  and  maintain 
towers,  masts,  poles,  wires  and  machinery,  to  use  and  operate 
an  electric  lighting  system  along  the  streets,  alleys,  public 
ways  and  upon  the  public  grounds  in  the  City  of  Danville. 

1018.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Dan- 
ville, Illinois:  That  the  Merchants  Electric  Light  and  Power  Com- 
pany, of  Danville,  Illinois,  a  body  corporate  under  the  laws  of  Illi- 
nois, be  and  is  hereby  permitted  to  erect  and  maintain,  for  the  period 
of  ninety-nine  (99)  years  from  the  passage  of  this  ordinance,  upon 
the  streets,  alleys,  public  ways,  and  upon  the  public  grounds  of  said 
city,  and  upon  such  private  ground  as  it  may  have  the  right  to  occupy, 
such  towers,  masts,  poles  or  standards,  and  use  thereon  such  wires, 
cables,  lamps,  devices  or  other  electrical  conductors  as  may  be 
necessary  for  the  efficient  operation  of  the  electric  lighting  system: 
Provided,  That  all  appliances  and  contrivances  for  such  purpose 
shall  be  so  constructed  and  maintained  as  not  to  unnecessarily  inter- 
fere with  the  public  use  of  any  of  said  streets,  alleys,  ways  or  public 
grounds,  and  not  to  endanger  life  or  injure  private  property;  and 
that  said  wires  and  cables,  so  placed  upon  said  masts,  towers,  poles 
and  standards,  shall  be  at  least  twenty  feet  distant  from  the  surface 
grade  of  said  streets,  alleys,  ways  and  public  grounds;  and,  further, 
that  said  masts,  towers,  poles  and  standards  shall  be  painted  within 
a  reasonable  time  after  erection,  and  thereafter  be  kept  painted. 

1019.  §  2.  That  said  company  shall  forever  indemnify  and  hold 
harmless  the  said  city  of  Danville  against  all  loss  and  damage  any 
person  or  corporation  may  stiffer  from  the  acts  of  said  company,  its 
agents,  servants,  employes,  contractor,  attorneys  or  solicitors,  or 
which  may  result,  directly  or  indirectly,  from  the  passage  of  this 
ordinance  and  the  privileges  granted  thereby. 

1020.  §  3.  The  privileges  and  obligations  of  this  ordinance  shall 
extend  to  and  be  binding  upon  the  successors  and  assigns  of  said 
Merchants  Electric  Light  and  Power  Company. 

1021.  §  4.  Any  person,  not  authorized  by  said  company,  who 
shall  climb  upon  or  in  any  manner  deface  or  injure  any  tower,  mast, 
pole,  standard,  lamp,  wire,  cable,  or  any  apphance  or  machinery 
connected  with  the  operation  of  said  system  of  lighting,  shall  be 
fined  not  less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

1022.  §  5.  This  ordinance  shall  be  in  force  from  and  after  its 
passage. 

Passed  and  approved  this  6th  day  of  March,  A.  D.  1884, 

Published  March  21,  1884. 


316  SPECIAL    ORDINANCES 

GAS. 
An  Ordinance-  In  relation  to  the  Danville  Gas  Light  Company. 

1023.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Danville:  That  the  Danville  Gas  Light  Company,  their  successors, 
associates  and  assigns  are  hereby  authorised  and  empowered  with  full 
power  and  authority  exclusively  to  manufacture,  sell  and  dispose  of 
gas,  coke  and  tar  made  from  any  and  all  of  the  substances  from 
w^hich  inflammable  gas,  coke  and  tar  can  be  obtained  and  be  used 
for  the  purpose  of  lighting  the  city  of  Danville  or  the  [streets]  thereof, 
and  public  places  or  houses  therein  contained  and  other  places  in  the 
vicinity,  and  to  erect  and  maintain  all  the  necessary  works  and 
apparatus  therefor. 

1024.  §  2.  That  said  Danville  Gas  Light  Company  are  hereby 
empowered  and  authorized  to  build,  erect  and  maintain  structures, 
buildings  and  apparatus,  necessary  or  incident  or  suitable  to  their 
convenience,  within  the  corporate  limits  of  the  city,  and  also  with 
full  and  exclusive  power  and  authority  to  excavate  and  dig  and  lay 
pipes,  mains  or  sub-mains  for  the  purpose  of  conducting  gas  in  any 
of  the  streets,  avenues,  alleys,  highways,  public  grounds,  sidewalks, 
or  other  public  places  in  said  city  or  elsewhere,  with  full  power  and 
authority  to  maintain  the  said  pipes,  mains  and  sub-mains  in  any  of 
such  streets,  avenues,  alleys,  highways,  public  grounds,  sidewalks, 
or  other  pubHc  places  in  said  city  or  elsewhere,  and  to  repair,  re- 
move, change  or  re-locate  such  pipes,  mains  or  sub-mains,  and  to  do 
the  digging  and  excavating  instant  [incident]  thereto  at  such  times 
and  in  such  manner  as  said  Danville  Gas  Light  Company  may  deem 
proper:  Provided,  always,  That  said  Gas  Light  Company  exercise 
the  rights  and  powers  herein  granted  in  such  manner  as  to  do  no 
pennanent  injury  or  damage  to  any  such  streets,  avenues,  alleys, 
highways,  public  grounds,  sidewalks  or  other  public  places  in  said 
city,  and  that  after  they  shall  have  dag  or  excavated  therein,  and 
laid,  altered,  changed,  repaired  or  re-located  any  of  their  pipes, 
mains  or  sub-mains,  therein,  they  shall  restore  the  premises  exca- 
vated or  dug  to  its  former  condition  without  delay. 

1025.  §  3.  That  the  said  Danville  Gas  Light  Company,  its  suc- 
cessors or  assigns,  shall  not  allow  any  excavation,  ditch  or  trench 
more  than  fifteen  rods  in  length,  in  any  one  street  or  alley  in  the 
said  city  of  Danville,  at  any  one  time,  to  remain  open,  uncovered, 
or  in  any  manner  exposed. 

1026.  §  4.  That  whenever  the  said  Danville  Gas  Light  Com- 
pany, its  successors  or  assigns,  shall  dig,  ditch,  trench  or  excavate 
anv"  street  or  alley  in  the  said  city  of  Danville,  for  the  purpose  of 
laying  down  its  pipes,  m.ains  or  sub-mains,  or  for  any  purpose  what- 
ever, it  shall  be  tlie  duty  of  the  said  Danville  Gas  Light  Company, 


SPECIAL    ORDINANCES  317 


its  successors  or  assigns,  to  immediately  repair  such  street  or  alley, 
and  to  restore  and  replace  the  same  to  a  condition  equal  to  that  in 
which  the  same  previously  existed. 

1027.  §  5.  That  should  the  Danville  Gas  Light  Company,  its 
successors  or  assigns,  suffer  or  permit  any  ditch,  trench  or  excava- 
tion to  remain  open,  uncovered,  or  in  any  manner  exposed  during 
the  night,  the  same  shall  be  protected  by  a  substantial  railing  or 
other  barricade,  and  by  a  lighted  lantern  suspended  at  each  end 
thereof,  and  that  it  shall  be  unlawful  for  any  ditch,  trench  or  exca- 
vation across  or  over  any  sidewalk  in  the  said  city  of  Danville  to  re- 
main open  or  in  any  manner  exposed  during  the  night  time. 

1028.  §  6.  That  the  manner  in  which  the  said  Danville  Gas 
Light  Company,  its  successors  and  assigns,  shall  lay  the  pipes, 
mains  and  sub-mains  across  any  of  the  sewers  or  ditches  or  alleys  of 
the  said  city  of  Danville,  shall  be  under  the  direction  of  the  commit- 
tee on  streets  and  alleys  of  the  city  council,  and  of  the  city  engineer 
of  the  said  city  of  Danville. 

1029.  §  7.  That  for  each  violation  of  the  provisions  of  this 
ordinance  by  the  said  Danville  Gas  Light  Company,  its  successors 
or  assigns,  or  by  its  agents,  workmen  or  employes,  the  said  Danville 
Gas  Light  Company,  its  successors  or  assigns,  shall  be  liable  to  and 
shall  pay  a  penalty  of  not  less  than  five  dollars. 

Passed  and  approved  August  11,  1870. 


HEATING. 


An  Ordinance — Granting  to  the  Danville  Gas,  Electric  Light  and 
Street  Railway  Company  a  franchise  for  steam  or  electric  heating. 

1030.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Danville,  Illinois:  For  and  during  the  term  of  fifty  (50)  years  begin- 
ning with  the  date  of  the  acceptance  of  this  ordinance,  there  is  hereby 
granted  to  the  Danville  Gas,  Electric  Light  and  Street  Railway 
Company  (a  corporation),  and  to  its  successors,  assigns  and  lessees 
the  right  to  manufacture,  sell,  distribute,  deliver  and  dispose  of  steam 
and  electricity  within  the  City  of  Danville,  Illinois,  for  the  purpose 
of  heating  buildings  and  other  places,  within  said  city  or  within  adja- 
cent territory,  and  for  any  other  purpose  for  which  said  steam  or 
electricity  may  prove  to  be  adapted;  and,  further,  there  is  hereby 
granted  to  said  grantees  above  named,  for  that  purpose,  the  right  to 
use  the  streets,  avenues,  alleys  and  public  grounds  of  this  city  (except 
the  public  parks)  to  construct  under  and  upon  the  same  such  con- 
structions, pipes,  mains,  wires  and  apparatus  as  are  suitable 
and  adapted  for  such  purposes,  with  full  power  and  authority  to 
maintain,  repair  and  relocate  the  same  from  time  to  time:     Pro- 


318  SPECIAL    ORDINANCES 


vided,  always,  That  the  powers  herein  granted  are  exercised  in  such 
manner  as  to  do  no  ]jermanent  injury  or  damage  to  such  streets, 
avenues,  alleys  and  pubHc  grounds:  And,  Provided,  Always,  That 
such  powers  are  exercised  subject  to  all  the  restrictions  in  this  ordi- 
nance contained. 

1031.  §  2.  No  excavation,  ditch  or  trench  more  than  fifteen 
(15)  rods  in  length  in  any  one  street,  avenue  or  alley,  at  one  time, 
shall  be  jDcnnitted  to  remain  open,  uncovered  or  in  any  manner 
exposed,  but  when  the  same  are  opened  they  shall  be  at  once  with 
all  reasonable  speed  restored  and  repaired  so  that  the  surface  shall 
be  smooth,  solid  and  in  as  good  condition  as  before. 

In  case  it  shall  be  necessary  to  leave  any  ditch,  trench  or  excava- 
tion open  during  the  night,  the  same  shall  be  securely  fenced  by  a 
substantial  railing  or  barricade,  and  protected  by  red  lights,  at  each 
end,  but  in  no  case  shall  any  opening  across  a  sidewalk  be  permitted 
to  remain  uncovered  or  in  any  manner  exposed. 

1032.  §  3.  All  openings  made  in  the  paved  streets  shall  be 
made  as  near  as  practicable  to  the  curb  Hne,  and  the  earth  shall  be 
carefully  replaced,  and  shall  be  flushed  with  water,  or  rolled  with  a 
heav}^  roller,  or  tamped  with  a  heavy  weight,  until  the  same  shall 
be  perfectly  solid,  and  the  pavement  shall  be  restored  to  as  good 
condition  as  beforehand,  and  in  case  the  pavem.ent  shall  thereafter 
sink,  the  same  shall  from  time  to  time  be  restored  to  such  condition. 

And  in  case  such  street  is  found  not  to  be  restored  to  the  condi- 
tion herein  required,  the  city  engineer  shall  notify  said  grantees  in 
writing  of  the  defects  complained  of,  and  in  case  such  defects  shall 
not  be  remedied  within  three  (3)  days,  the  city  may  cause  the  same  to 
be  remedied  and  recover  the  expense  of  so  doing  by  suit  before  any 
court  of  competent  jurisdiction,  by  suit  upon  the  bond  or  otherwise. 

1033.  §  4.  The  manner  in  which  said  pipes,  mains,  sub-mains 
and  other  appliances  and  apparatus  are  laid  across  any  of  the  sew- 
ers, streets  or  alleys  of  said  city  shall  be  under  the  direction  of  the 
street  and  alley  committee  of  the  city  council,  and  of  the  city  engi- 
neer of  said  city. 

1034.  §  5.  Is  thall  be  the  duty  of  all  plumbers  and  steam  fitters, 
before  making  connection  with  the  stearn  street  mains  or  steam 
ser\-ice  pipes,  in  any  building,  to  first  obtain  a  pennit  or  consent  in 
writing  from  the  proprietor  or  some  officer  of  the  company  or  person 
owning  or  operating  the  Street  Steam  service,  to  make  such  connec- 
tion. 

1035.  §  6.  Before  an  installation  of  steam  radiation  is  com- 
pleted it  shall  be  the  duty  of  the  plumber  or  steam  .fitter  to  see  that 
a  cooling  coil  or  indirect  stack  is  put  in,  of  sufUcient  capacity  to 
prevent  the  escape  of  hot  water  or  live  steam  into  the  sewers. 


SPECIAL   ORDINANCES  319 


1036.  §  7.  Upon  the  completion  of  such  connection  it  shall 
be  the  duty  of  such  plumber  or  steam  fitter  making  such  connection 
to  report,  upon  blanks  to  be  furnished  by  the  company  or  persons 
owning  or  operating  the  Street  Steam  service,  the  number  of  feet  of 
direct  or  indirect  radiation  installed  in  the  premises  for  whom  such 
service  is  rendered. 

1037.  §  8.  Any  change  in  the  surface  radiation  either  to  in- 
crease or  diminish  the  number  of  feet  of  such  radiation  shall  be 
governed  by  the  requirements  laid  down  in  the  foregoing  sections. 

1038.  §  9.  In  the  event  that  there  is  not  sufficient  drainage  on  the 
premises  of  any  consumer  of  steam  to  properly  carry  away  con- 
densed steam,  permission  is  hereby  granted  to  make  connection  with 
the  city's  sewers,  said  connection  to  be  made  under  the  supervision 
of  the  city  engineer. 

1039.  §  10.  Any  person  or  persons  violating  any  or  all  of  the 
provisions  of  this  ordinance  contained  in  Sections  Five,  Six,  Seven, 
Eight  and  Nine,  shall  be  liable  to  a  fine  of  not  less  than  three  dollars 
and  not  more  than  fifty  dollars,  and  costs  of  suit,  for  each  and  every 
offense  and  each  and  every  day  of  neglect  to  comply  with  the  said  pro- 
visions of  this  ordinance  shall  constitute  a  separate  offense.  Such 
fine  and  costs  to  be  levied  and  collected  in  the  same  manner  as  other 
fines  and  costs  are  levied  and  collected  for  a  violation  of  any  city 
ordinance. 

1040.  §  11.  Said  grantees,  their  successors,  assigns  and  lessees, 
shall  in  all  things  indemnify,  and  save  and  keep  harmless  said  city 
and  shall  well  and  truly  pay  to  said  city  any  and  all  loss,  damage  or 
injury  which  said  city  may  in  any  event  sustain  by  reason  of  the 
act  or  neglect  of  said  grantees,  their  successors,  assigns,  lessees, 
agents,  servants  and  employes,  or  of  either  one  or  more  of  them. 

Said  grantees  upon  the  acceptance  of  this  ordinance  shall  file 
with  the  city  clerk  of  this  city,  a  bond  in  the  penal  sum  of  ten  thous- 
and dollars  lawful  money  of  the  United  States,  jjayable  to  the  City 
of  Danville,  Illinois,  with  good  and  sufficient  sureties  to  be  approved 
by  the  city  council,  conditioned  to  observe  all  the  above  requirements, 
especially  that  part  thereof  which  refers  to  the  restoration  of  the 
paved  streets,  which  said  bond  shall  be  renewed  by  said  grantees, 
their  successors,  assigns,  or  lessees  at  least  as  often  as  once  in  every 
three  years,  and  oftener  if  required  by  the  city  council,  and  whenever 
so  required  by  a  resolution  of  said  city  council  a  new  bond  in  like 
amount,  and  with  like  conditions,  and  with  like  security,  shall  be 
filed  within  fifteen  (15)  days  after  service  of  notice  of  such  require- 
ment upon  the  grantees,  their  successors,  assigns  or  lessees. 

1041.  §  12.  The  rights  and  privileges  herein  granted  are  sub- 
ject nevertheless  to  this  condition  that  if  said  grantees  desire  to  avail 


320  SPECIAL    ORDINANCES 


themselves  thereof  a  written  acceptance  of  all  the  terms  of  this 
ordinance  must  be  filed  with  the  city  clerk  within  sixty  (60)  days 
after  the  passage  of  this  ordinance,  and  also  said  grantees  must  within 
one  year  from  this  date  have  begun  the  actual  work  of  the  construc- 
tion of  the  heating  plant  contemplated  herein,  and  in  case  such  con- 
ditions are  not  met  within  the  times  specified,  the  rights  and  privileges 
granted  shall  be  held  to  be  abandoned. 

1042.     §  13.     This  ordinance  shall  take  effect  upon  its  due  pub- 
lication as  required  by  law. 

Passed  April  18,  1895.     Approved  April  25,  1895. 

Published  May  6,  1895. 


STREET  RAILWAYS. 

An  Ordinance — In  relation  to  the  Danville  Gas,  Electric  Light  and 
Street  Railway  Company,  a  corporation,  organized  under  the 
laws  of  the  State  of  Illinois. 

(After  recital  of  compliance  with  various  preliminary  steps) — 

1043.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Danville:  That  the  right  and  privilege  is  hereby  granted  for  a 
period  and  term  of  twenty  years  from  the  passage  of  this  ordinance, 
to  the  Danville  Gas,  Electric  Light  and  Street  Railway  Company,  a 
corporation  organized  under  the  laws  of  Illinois,  and  to  its  successors 
and  assigns,  to  locate,  construct,  own,  operate  and  maintain  for  the 
term  of  years  aforesaid  a  single  or  double  track  street  railway,  to  be 
operated  by  electricity  or  any  improved  mode  of  propulsion  not  con- 
sidered a  public  nuisance;  with  all  proper  and  necessary  turn-outs, 
sidings,  side-tracks,  cross-overs,  switches  and  other  appurtenances 
in,  along  and  upon  the  streets,  grounds  and  bridges  of  said  city  as 
they  now  are  or  may  hereafter  be  made,  and  in,  upon  and  along  the 
following  named  streets  in  said  city,  to-wit : 

Main  street,  from  the  west  side  of  Mill  street  to  the  west  side  of 
the  public  square  and  from  the  east  side  of  the  public  square  to  the 
city  limits,  and  along  and  upon  the  said  public  square  from  the  east 
and  west  sides  thereof  on  regular  curves  to  the  north  side  of  said 
public  square. 

Vermilion  street,  from  the  north  side  of  the  public  square  north 
to  the  city  limits. 

English  street,  from  Vermilion  street  to  a  point  fifty  (50)  feet 
east  of  the  entrance  of  the  cemetery. 

Williams  street,  from  Vermilion  street  to  the  east  side  of  Junction 
Avenue. 

Junction  Avenue,  from  the  south  side  of  Williams  street  to  the 


SPECIAL    ORDINANCES  321 


pght-of  way  of  the  Chicago  and  Eastern  IlHnois  Railroad,  in  a  north- 
erly direction,  as  far  as  the  street  railway  now  extends. 

Park  street,  from  the  south  side  of  Main  street  to  the  north  side 
of  Chestnut  street. 

Chestnut  street,  from  the  west  side  of  Park  street  to  the  east  side 
of  Buchanan  street. 

Buchanan  street,  from  the  north  side  of  Chestnut  street  to  the 
south  side  of  West  street. 

West  street,  from  the  west  side  of  Buchanan  street  to  the  east 
side  of  Illinois  street. 

Madison  street,  from  the  west  side  of  Vermilion  street  to  the  east 
side  of  Mill  street. 

Chandler  street,  lying  south  of  Fairchild  street. 

Fairchild  street,  between  Logan  Avenue  and  Vermilion  street,  to- 
use,  maintain  and  operate  the  same,  for,  and  in  consideration  of, 
and  subject  to  the  terms,  conditions  and  limitations  hereinafter 
described. 

1044.  §  2.  The  said  Street  Railway  may  be  operated  by  the 
construction  of  the  over-head  electric  system  or  any  other  improved 
method  of  propulsion;  the  wire  of  which  may  be  supported  on  wires 
at  right  angles  to  the  center  line  of  the  street,  or  supported  by  poles 
planted  in  the  sidewalk  on  the  inside  of  the  curb  line,  next  the  gutters- 
of  the  street;  the  right  to  plant  and  maintain  these  poles  is  hereby 
granted.  The  gauge  of  all  of  said  tracks  shall  be  what  is  known  as 
"standard  gauge." 

1045.  §  3.  The  track  or  tracks  shall  be  constructed  in  conformity 
with  the  surface  of  said  street  and  public  grounds  existing  at  the  time 
of  its  construction  and  as  the  grades  may  be  thereafter  from  time  to 
time  established;  the  cross-ties,  frame  work  and  superstructure  shall 
be  imbedded  below  the  surface  of  the  street  and  shall  be  so  con- 
structed as  to  present  the  least  practical  interference  with  the  travel 
and  public  use  of  said  streets  and  public  grounds,  and  the  track  or 
tracks  shall  be  raised  in  such  a  manner  as  not  to  interfere  with  the 
free  flow  of  water  in  the  gutters  that  are  now  or  may  hereafter  be 
built  in  said  city,  and  they  shall  keep  the  streets  between  the  rails 
and  one  foot  outside  of  the  tracks  laid  by  it,  level  with  the  surface  of 
the  street  and  in  good  condition,  so  that  carriages  and  other  vehicles 
can  easily  and  freely  cross  said  track  at  any  and  all  points,  and  that 
said  rails  may  be  laid  not  more  than  one-half  inch  above  the  grade  of 
the  streets  and  public  grounds ;  in  all  cases  of  dispute  as  to  the  proper 
condition  or  repair  of  any  such  track  or  tracks  the  decision  of  the 
mayor,  city  engineer  and  the  committee  on  streets  and  alleys  of 
said  city  shall  be  final  and  conclusive;  in  case  said  company,  its. 


322  SPECIAL    ORDINANCES 


successors  or  assigns  shall  fail  to  make  all  repairs  of  said  track,  side 
track,  switches,  cross-overs,  turn-outs,  or  turn-tables  within  ten  days 
after  written  notice  shall  have  been  served  upon  any  officer  or  em- 
ploye of  said  company,  its  successors  or  assigns,  then  said  city  of 
Danville,  may  make  such  repairs  and  charge  the  cost  thereof  upon 
the  property,  franchise  and  right-of-way  of  said  company,  its  suc- 
cessors or  assigns. 

1046.  §  4.  Said  com]3any,  its  successors  or  assigns  shall  not 
charge  more  than  five  cents  fare  each  way  for  each  passenger  between 
the  termini  of  said  street  railway  within  said  city  or  any  fractional 
part  thereof;  and  a  proper  and  sufficient  system  of  transfers  from 
one  street  to  another  shall  be  constantly  and  effectively  maintained; 
all  cars  shall  stop  at  the  further  crossing  for  receiving  and  discharg- 
ing passengers. 

1047.  §  5.  All  carriages  and  vehicles  shall  have  a  full  and  perfect 
right  to  travel  over  and  along  said  tracks  while  not  interfering  with 
the  travel  of  the  cars  thereon;  but  no  person  with  carriage,  vehicle 
or  animal  shall  in  any  manner  wilfully  and  purposely  interfere  with 
the  running  of  the  cars  on  said  tracks,  nor  in  any  way  unnecessarily 
injure  any  of  said  tracks  or  delay  any  of  said  cars,  under  a  penalty 
•of  not  exceeding  one  hundred  dollars  for  each  offense. 

1048.  §  6.  All  poles  erected  in  the  streets  of  said  city  shall  be 
straight,  smooth  and  shapely  and  shall  be  kept  neatly  painted  with 
good  paint  of  a  cheerful  color,  provided  said  poles  may  be  painted 
black  for  a  distance  of  eight  feet  from  the  surface  of  the  street. 

1049.  §  7.  No  person  shall  be  permitted  to  disfigure,  mar  or  use 
said  poles  for  the  purpose  of  advertising  anything,  or  for  any  other 
purpose  whatever,  without  the  consent  of  said  company  and  the  city 
council  of  said  city;  and  any  person  who  shall  disfigure,  mar,  or  in 
any  manner  interfere  with  said  jdoIcs,  or  with  said  wires,  shall  be 
iined  in  any  sum  not  exceeding  one  hundred  dollars  for  each  offense. 

1050.  §  8.  The  right  to  operate  said  railway  shall  extend  to  the 
full  period  of  twenty  years  from  the  passage  of  this  ordinance. 

1051.  §  9.  The  consent  and  authority  given  by  this  ordinance  to 
the  Danville  Gas,  Electric  Light  and  Street  Railway  Company,  its 
successors  or  assigns,  to  construct  and  operate  said  street  railway,  as 
provided  herein,  is  upon  the  express  condition  that  said  company, 
its  successors  or  assigns,  shall  pay  all  damages  to  owners  of  property 
abutting  upon  the  street,  road,  "highway  or  public  grounds  upon  or 
over  which  such  road  is  to  be  constructed,  which  they  may  sustain 
by  reason  of  the  location  or  construction  of  the  road;  the  same  may 
be  ascertained  and  paid  in  the  manner  provided  by  law.  for  the  exer- 
cise of  the  right  of  eminent  domain;  and  the  said  company,  its 
successors  or  assigns,  shall  save  and  keep  harmless  the  said  city  of 


SPECIAL    ORDINANCES  323 


Danville  from  all  damages  which  may  be  caused  by  reason  of  the 
location  or  construction  of  the  road  or  roads. 

1052.  §  10.  That  at  any  time  said  city  shall  improve  any  of  the 
streets  upon  which  said  company,  its  successors  or  assigns,  has  laid 
any  of  its  tracks,  by  paving  the  same,  said  company,  its  successors 
or  assigns,  shall,  at  the  same  time  and  in  the  same  manner,  pave 
and  improve  the  right-of-way  hereby  granted,  at  its  own  expense; 
which  paving  shall  include  the  space  between  the  tracks  of  said 
street  railway,  and  for  the  space  of  one  foot  on  the  outside  of  the 
outside  rail  thereof. 

1053.  §  11.  That  at  any  time  said  company,  its'  successors  or 
assigns,  shall  lay  any  of  its  tracks  upon  any  street  which  has  there- 
tofore in  whole  or  in  part  been  paved  or  improved,  by  special  tax 
upon  the  property  abutting  upon  such  street  or  part  of  street,  the 
said  company,  its  successors  or  assigns,  shall  pay  to  such  property 
holders  as  have  paid  such  special  tax  an  amount  equal  to  the  cost 
of  paving  between  the  tracks,  and  for  one  foot  on  the  outside  of 
each  line  of  track  along  the  entire  frontage  owned  by  any  such 
property  holder  along  which  such  street  may  have  been  paved. 

1054.  §  12.  Said  company,  its  successors  or  assigns,  shall  not 
at  any  time  run  their  cars  through  or  otherwise  unnecessarily  dis- 
turb any  funeral  procession  or  any  public  parade. 

1055.  §  13.  That  said  company,  its  successors  or  assigns,  shall 
be  allowed  to  build  and  keep  in  operation  suitable  power  houses  and 
car  houses  within  the  city  limits  of  the  said  city  of  Danville  for  the 
operation  of  their  plant  or  plants:  Provided,  however,  That  such 
houses  shall  conform  to  and  be  built  in  accord  with  any  fire  ordi- 
nance in  force  in  said  city. 

1056.  §  14.  That  said  company,  its  successors  or  assigns,  are 
hereby  authorized  to  run  its  cars,  for  the  transportation  of  passen- 
gers, over  and  along  their  said  track  at  a  rate  of  speed  not  exceed- 
ing fifteen  miles  per  hour:  Provided,  however.  That  such  speed 
within  the  fire  limits  of  said  city  shall  not  exceed  ten  miles  per  hour. 

1057.  §  15.  The  franchise  and  privileges  granted  to  the  said 
company,  its  successors  and  assigns,  are  given  upon  the  express  and 
positive  understanding  and  with  the  distinct  reservation  that  the 
right  to  lay  its  tracks  upon  Vermilion  street  and  Main  street,  as 
hereinbefore  granted,  is  not  exclusive,  but  said  right  is  given  by  the 
city  and  accepted  by  said  company,  its  successors  or  assigns,  upon 
condition  that  any  person,  persons  or  company  who  may  desire  to 
lay  a  track  or  tracks  upon  either  of  said  streets,  or  upon  any  part 
thereof,  and  operate  and  run  a  line  of  street  cars  thereon,  and  who 
shall  be  granted  the  privilege  and  franchise  so  to  do  by  the  city 
council  of  the  said  city,  may,  jointly  with  said  company,  its  sue- 


324  SPECIAL    ORDINANCES 


cossors  or  assigns,  use  the  track  or  tracks,  and  all  wires,  apparatus 
and  machinery  necessary  to  ]3ropel  cars  and  operate  a  line  of  street 
railway  on  said  streets,  or  either  of  them  or  any  ])art  thereof,  upon 
such  person,  persons  or  company  paying  to  said  Danville  Gas, 
Electric  Light  and  Street  Railway  Company,  its  successors  or  assigns, 
one-half  of  the  cost  of  such  track  or  tracks,  and  of  all  such  wires, 
apparatus  and  machinery  which  such  person,  persons  or  company 
may  desire  to  use  to  propel  their  cars,  and  also  pay  one-half  of  the 
value  of  all  paving  done  by  said  company  and  its  successors  or  as- 
signs, which  may  be  in  use  at  the  time  when  such  person,  persons 
or  company  may  begin  to  use  such  track  or  tracks. 

1058.  §  16.  That  the  said  Danville  Gas,  Electric  Light  and 
Street  Railway  Company  or  its  assigns  .shall  begin  work  upon  such 
street  railway  system  within  thirty  days  after  the  passage  of  this 
ordinance,  and  have  a  line  of  cars  fully  equipped  and  in  daily  oper- 
ation on  all  lines  covered  by  this  franchise  by  September  1st,  1892, 
or  forfeit  all  rights  and  privileges  granted  by  this  ordinance:  Pro- 
vided, That  if  said  company,  its  successors  or  assigns,  shall  be 
delayed  by  the  order  or  injunction  of  any  court  of  competent  juris- 
diction from  completing  said  lines  of  street  railway,  the  time  of 
such  delay  shall  be  excluded  from  the  time  herein  specified  for  the 
completion  of  the  same. 

1059.  §  17.  Said  company,  its  successors  or  assigns,  shall  pro- 
vide sufficient  cars  to  run  cars  on  each  and  every  line  or  street  herein 
named,  and  shall  run  such  cars  at  intervals  not  exceeding  one  hour 
apart  each  way  during  each  day;  in  case  cars  shall  be  taken  from 
one  line  and  put  upon  another  line  on  public  da\"S,  said  company, 
its  successors  or  assigns,  shall  run  cars  each  w^ay  upon  every  line 
operated  b}^  it  during  such  days  at  intervals  not  exceeding  said 
space  of  one  hour,  and  in  case  of  a  failure  so  to  do  shall  pay  a  fine 
of  not  less  than  twenty  dollars  for  each  offense :  Proinded,  Nothing 
herein  contained  shall  require  the  payment  of  such  fine  when  said 
cars  cannot  be  run  by  reason  of  breakdowns,  storms  or  other  una- 
voidable cause:  And,  provided,  further.  That  nothing  herein  con- 
tained shall  be  so  construed  as  to  compel  said  company,  its  succes- 
sors or  assigns,  to  run  its  cars  oil  Sunday  against  their  will. 

1060.  §  18.  That  said  company  shall  cause  to  be  lighted  and 
comfortably  heated  in  the  winter  time  its  cars  on  all  its  lines  oper- 
ated under  this  franchise,  and  shall  have  and  maintain  at  the  end  of 
its  cars  good  and  sufficient  guards. 

1061.  §  19.  The  expense  of  publication  of  this  ordinance  shall 
be  borne  by  the  said  company,  its  successors  or  assigns. 

1062.  §  20.  This  ordinance  to  be  in  full  force  and  effect  from 
and  after  its  passage  and  due  publication. 

Passed  and  approved  Julv  3,  1891. 
Published  July  8,  1891.    " 


SPECIAL    ORDINANCES  325 


Thirty-year   Extension — Danville   Gas,   Electric   Light   and   Street 
Railway  Company. 

(After  recital  of  compliance  with  various  preliminary  steps) — 

1063.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Dan- 
ville: That  an  ordinance  of  the  City  of  Danville,  entitled  "An  or- 
dinance in  relation  to  the  Danville  Gas,  Electric  Light  and  Street 
Railway  Company,  a  corporation,  organized  under  the  laws  of  the 
State  of  IlHnois,-  passed  and  approved  July  3rd,  A.  D.  1891,  and  the 
franchise  therein  granted  to  said  Danville  Gas,  Electric  Light  and 
Street  Railway  Company,  and  to  its  successors  and  assigns,  be,  and 
the  same  is  hereby  extended  and  continued  in  force  for  the  period  of 
thirty  years  from  this  date,  with  all  of  the  powers  and  privileges 
therein  granted,  and  subject  to  all  the  terms,  conditions  and  limita- 
tions therein  expressed. 

1064.  §  1.  b.  The  extension  of  the  franchise  rights  and  privi- 
leges herein  granted  to  said  Danville  Gas,  Electric  Light  and  Street 
Railway  Company  is  made  upon  the  further  express  condition,  to- 
wit,  that  at  any  time  said  city  shall  improve  any  of  its  streets  upon 
which  said  company,  its  successors  or  assigns,  has  laid,  or  hereafter 
may  lay  a  double  track,  in  whole  or  in  part  along  said  street,  by 
paving  or  macadamizing  the  same  said  company,  its  successors  or 
assigns,  shall,  at  the  same  time,  and  in  the  saine  manner,  pave  and 
improve  the  right  of  way  granted  to  said  company,  at  its  own  ex- 
pense ;  which  paving  shall  include  all  the  space  between  the  rails 
of  each  of  said  tracks,  and  between  each  of  such  tracks,  and  one 
foot  on  the  outside  of  the  oustide  rail  of  each  of  such  tracks.  This 
provision  is  in  addition  to  the  requirements  of  Section  10,  of  the 
original  ordinance  granting  the  franchise  to  said  company. 

1065.  §  2.  The  expense  of  the  publication  of  this  ordinance 
shall  be  borne  by  said  company,  its  successors  and  assigns. 

1066.  §  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its. passage  and  due  publication. 

Adopted  February  24,  1898,  over  mayor's  veto. 

Published  March  10,  1898. 


An  Ordinance — Granting  to  the  Danville  Street  Railway  and  Light 
Company  the  right  to  construct  loop. 

(After  recital  of  compliance  with  various  preliminary  steps) — 

1067.  §  1.  Beit  ordained  by  the  City  Council  of  the  City  of 
Danville:  That  the  right,  privilege  and  franchise  be,  and  the  same 
hereby  is  granted  to  the  Danville  Street  Railway  and  Light  Com- 


326  SPECIAL    ORDINANCES 


pany,  a  corporation,  its  successors  and  assigns,  for  the  period  of 
twenty  (20)  years,  from  and  after  this  date,  to  construct,  maintain 
and  operate  its  Hne  of  electric  street  railway,  to  be  operated  by 
electricity  or  any  other  proper  motive  power,  except  steam,  together 
with  all  necessary  side  tracks,  switches,  cross  overs,  turn-outs, 
curves,  and  connections  with  existing  and  future  lines  of  said  grantee, 
and  all  other  appurtenances  proper  and  necessary  for  the  operation 
and  management  of  said  electric  street  railway,  together  with  poles 
and  over-head  wires;  and  to  construct  and  maintain  conduits,  man- 
holes, surface  plates  and  sewer  connections  beneath  the  surface  of 
the  street,  together  with  all  necessary  equipments  in  the  premises, 
over,  upon,  and  along  the  streets  in  said  City  of  Danville,  as  follows, 
to-wit : — 

In  Vermilion  street,  from  the  center  of  the  Public  Square  to  the 
center  of  South  street. 

In  South  street,  from  the  center  of  Vermilion  street  to  the  center 
of  Walnut  street. 

In  Walnut  street,  from  the  center  of  South  street  to  the  center  of 
Main  street. 

1068.  §  2.  That  the  lines  of  electric  street  railway  hereby  author- 
ized are  hereby  made  subject  to  all  of  the  terms  and  conditions 
prescribed  by  the  said  ordinances  above  mentioned,  to-wit,  the 
ordinance  approved  on  the  3d  day  of  July,  1891,  and  the  ordinance 
approved  on  the  5th  day  of  March,  1898,  both  of  which  said  ordi- 
nances are  hereby  expressly  referred  to,  and  are  also  made  expressly 
subject  to  the  provisions  of  sections  three  and  four  of  this  ordinance. 

1069.  §  3.  In  addition  thereto,  it  is  expressly  provided  as  a 
condition  of  this  grant,  that  no  switches  or  storage  tracks  of  any 
kind  shall  be  maintained  in  Vermilion  street,  between  the  Public 
Square  and  the  center  of  South  street. 

1070.  §  4.  It  is  also  further  expressly  provided  that  the  grantee 
herein  shall  repay  and  refund,  within  thirty  (30)  days  after  the 
said  line  has  been  constructed  in  Vermilion  street,  to  the  property 
owners  fronting  and  abutting  on  said  Vermilion  street,  between  the 
center  of  the  Public  Square  and  the  center  of  South  street,  the 
original  cost  and  expense  of  the  paving  of  said  street,  including  the 
cost  of  excavation  and  all  other  expense  incident  thereto,  for  the 
width  of  the  space  between  the  rails  of  the  track  of  grantee,  and 
one  foot  on  the  outside  of  each  rail,  said  payment  to  be  made  to  said 
abutting  property  owners  pro-rata  to  their  respective  frontage,  and 
as  ascertained  by  the  city  engineer  and  city  attorney  of  the  City  of 
Danville. 

Passed  and  approved  July  3d,  1902. 


SPECIAL   ORDINANCES  327"- 


An  Ordinance — Granting  to  the  Danville  Street  Railway  and  Light 
Company,  the  right  to  contract  witli  interurban  lines  as  to  certain 
matters. 

1071.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Danville:  That  the  right,  power  and  authority  is  hereby  given 
and  granted  to  the  Danville  vStreet  Railway  and  Light  Company,  its 
successors  and  assigns  (hereinafter  designated  as  grantee),  to  give 
and  grant,  by  its  contract,  to  Charles  M.  McCabe,  his  successors 
and  assigns;  and  to  the  Danville,  Paxton  and  Northern  Railroad,  its 
successors  and  assigns,  a  corporation  now  actually  engaged  in  the 
operation  of  an  interurban  electric  railway,  operated  by  electricity 
or  any  other  proper  motive  power,  except  steam,  between  Danville, 
Illinois,  and  certain  other  cities  or  villages,  the  right,  privilege  and 
franchise  to  use  any  of  the  lines  of  the  Danville  Street  Railway  and 
Light  Company,  now  owned  or  operated,  or  which  may  hereafter 
be  owned  or  operated  by  it,  together  with  electric  power  and  all 
other  facilities,  for  the  purpose  onh"  of  operating  and  propelling, 
upon  said  lines  of  grantee,  within  said  City  of  Danville,  under  said 
contract  or  contracts,  the  electric  cars  of  such  interurban  railway 
for  the  transportation  of  passengers,  baggage.  United  States  mail, 
express  matter  and  such  freight  as  is  hereinafter  designated,  for 
and  during  the  period  of  twenty  (20)  years  from  and  after  this  date, 
in  said  lines  respectively. 

1072.  §  2.  It  is  expressly  provided  that  no  freight  of  any  kind 
or  character  in  bulk  shall  be  transported  in  any  such  interurban 
cars;  and  that  the  right  to  carry  freight  in  such  interurban  cars  is 
hereby  expressly  limited  to  package  freight;  and  that  no  such  single 
package  shall  exceed  in  weight  three  hundred  pounds  (300).  The 
cars,  in  which  such  freight  is  transported,  shall  be  either  the  regu- 
lar passenger  cars  of  such  interurban  railways,  or  cars  resembling 
such  passenger  cars  in  appearance,  as  nearly  as  is  practicable. 

It  is  further  expressly  provided  that  (except  in  cases  of  accident, 
emergency,  construction,  or  hauHng  cinders,  as  hereinafter  pro- 
vided) cars  devoted  wholly  or  in  part  to  carry  freight,  express  matter, 
baggage  or  United  States  mail,  shall  not  be  run  attached  together, 
coupled,  or  in  trains. 

1073.  §  3.  Grantee  shall  have  the  right  to  transport  from  the 
power  house  of  the  Danville  Street  Railway  and  Light  Company,  to 
and  beyond  the  corporate  limits  of  the  City  of  Danville,  by  the 
shortest  existing  route,  and  in  cars  designed  and  used  for  that  pur- 
pose, between  the  hours  of  6  p.  m.  and  6  a.  m.,  only,  the  cinders 
and  refuse,  the  same  being  first  thoroughly  dampened,  from  such 
power  house,  for  the  purpose  of  using  the  same  as  ballast  for  any 
of  said  interurban  lines. 


328  SPECIAL   ORDINANCES 


1074.  §  4.  All  cars  of  such  interurban  railways  shall  be  sub- 
ject in  their  operation  (except  as  herein  otherwise  provided),  while 
within  the  limits  of  said  City' of  Danville,  on  any  of  the  lines  of  said 
Danville  Street  Railway  and  Light  Company,  to  all  of  the  ordinances 
and  municiijal  provisions,  which  arc  now  or  which  may  be,  during 
the  life  of  this  franchise,  in  force,  regulating  or  affecting  the  operation 
of  the  cars  of  the  said  Danville  Street  Railway  and  Light  Company. 

1075.  §  5.  Any  interurban  cars  operated  by  the  Danville  Street 
Railway  and  Light  Company,  between  Danville  and  ]3oints  on  the 
lines  of  the  Danville,  Paxton  and  Northern  Railroad,  shall  have 
the  same  rights  and  be  subject  to  the  same  restrictions,  as  herein- 
before set  forth,  as  to  passengers,  baggage,  express  matter.  United 
States  mail  and  freight. 


Passed  and  approved  July  3d,  1902. 


An  Ordinance — Granting  a  franchise  on  Local  Avenue  to  Danville 
Street  Railway  and  Light  Company. 

1076.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Danville,  Illinois:  That  the  right,  privilege  and  franchise  be,  and 
hereby  is,  granted  to  the'  Danville  vStreet  Railway  and  Light  Com- 
pany, a  corporation,  and  its  successors  and  assigns,  hereinafter  des- 
ignated as  grantee,  for  a  period  of  twenty  (20)  years  from  and  after 
the  passage,  approval  and  publication  of  this  ordinance,  to  con- 
struct, maintain  and  operate  an  electric  street  railway,  to  be  oper- 
ated by  electric  or  other  proper  motive  power  except  steam,  to- 
gether with  all  necessary  tracks,  side-tracks,  switches,  cross-overs, 
tiu-nouts,  curves  and  connections  with  existing  and  future  lines  of 
grantee,  and  all  other  appurtenances  proper  and  necessary  for  the 
operation  and  management  of  said  railway,  together  with  poles  and 
over-head  wires,  and  to  construct  and  maintain  proper  and  necessary 
conduits  and  tubes,  man-holes,  surface-plates  and  sewer  connections 
beneath  the  surface  of  the  street,  together  with  all  proper  and  nec- 
essary equipments  in  the  premises,  in,  upon  and  along  Local  ave- 
nue in  said  city,  from  the  intersection  of  said  avenue  with  West 
IMain  street  to  the  section  line  between  Sections  seven  (7)  and  eight 
(8),  township  nineteen  (19)  north,  range  eleven  (11)  west,  of  the 
second  P.  M.  in  the  County  of  VermiHon  and  the  State  of  Illinois, 
subject  to  the  terms  and  conditions  hereinafter  prescribed. 

1077.  §  2.  The  tracks  herein  authorized  shall  be  constructed 
upon  that  side  of  Local  avenue  adjacent  to  Ellsworth  Park,  that  is 
to  say,  from  the  end  of  the  necessary  curve  leading  off  of  west  Main 
street  to  a  point  near  Beard's  ice  tunnel  said  track  shall  be  confined 
to  a  strip  twelve  (12)  feet  in  width  next  adjacent  to  said  park;  at  or 


SPECIAL   ORDINANCES  329 


near  said  ice  tunnel  said  track  shall  approach  the  center  of  said  ave- 
nue, pass  over  said  tunnel,  and  thence  by  the  most  convenient  and 
least  obstructive  way  to  the  section  line  aforesaid. 

1078.  §  3.  The  grade  of  said  track  shall  follow  substantially 
the  present  grade  of  Local  avenue  from  West  Main  street  to  McVey 
street  extended;  thence,  with  an  easy  gradient  not  exceeding  five 
(5)  per  cent,  to  a  grade  corresponding  substantially  with  that  of 
said  avenue  at  a  point  not  more  than  one  hundred  (100)  feet  west 
of  the  entrance  to  the  driveway  now  leading  into  said  park;  contin- 
uing thence  with  a  gradient  corresponding  substantially  with  that 
of  said  avenue  to  the  approach  to  a  bridge  hereafter  to  be  con- 
structed for  the  use  of  said  track  across  the  North  Fork  river;  and 
thence  by  an  easy  gradient  to  permit  of  the  ascent  of  cars  to  the 
roadway  of  said  bridge. 

1079.  §  4.  Said  track  shall  be  ballasted  with  gravel  or  crushed 
stone,  and  in  such  places  as  vehicles  would  have  occasion  to  cross 
or  recross  said  track  such  gravel  or  stone  shall  be  compacted  be- 
tween and  outside  of  the  rails  so  that  said  rails  .shaU  project  not 
more  than  one-half  (|)  inch  above  the  adjacent  street  surface. 
Elsewhere  the  spaces  between  and  adjacent  to  the  tics  shall  be  well 
filled  with  such  gravel  or  stone  and  made  to  present  a  neat  and  fin- 
ished appearance. 

1080.  §  5.  It  is  expressly  provided  that  until  such  time  as  said 
avenue  may  be  paved  or  otherwise  permanently  built  and  the  cross 
section  thereof  so  changed  as  to  throw  all  storm-water  to  the  east 
or  south-east  side  of  said  avenue,  grantee  shall  provide  and  main- 
tain suitable  and  sufiicient  storm-water  inlets  and  gutters  in  and 
adjacent  to  said  track;  and  in  the  event  of  any  washing  or  other 
damage  on  said  avenue  due  to  lack  or  inadequacy  of  said  inlets  or 
gutters  or  to  the  ijresence  or  mode  of  construction  of  said  track, 
grantee,  shall  repair  such  damage  at  its  sole  cost  and  expense. 

1081.  §  6.  It  is  a  further  condition  of  this  grant  that  grantee 
shall  i.rovide  at  its  sole  cost  and  expense  a  suitable  driveway  into 
Ellsworth  Park  by  an  easy  gradient;  the  same  shall  cross  said  track 
at  a  convenient  point  near  the  entrance  of  the  present  driveway  into 
said  park,  and  grantee  shall  keep  the  crossing  of  said  driveway  with 
said  track  planked  so'id  between  the  rails  and  eighteen  (18)  inches 
outwardly  beyond  said  rails,  with  three  (3)  inch  oak  plank,  for  a 
distance  of  sixteen  (16)  feet. 

1082.  §  7.  The  grant,  privilege  and  franchise  hereinbefore  pro- 
vided is  made  subject  to  the  terms  and  conditions  (so  far  as  such 
terms  and  conditions  are  not  clearly  in  conflict  with  the  terms  of 
this  ordinance),  of  the  following  ordinances  of  said  city  to-wit:  (1) 
"An  ordinance  in  relation  to  the  Danville  Gas,  Electric  Light  and 


330  SPECIAL    ORDINANCES 


Street  Railway  Company,  a  eorporation,  organized  under  the  laws- 
of  the  State  of  Illinois,"  passed  and  approved  July  3,  1891;  (2)  Or- 
dinanee  No.  647,  passed  and  approved  March  5,  1898;  (3)  Ordinance 
No.  900,  passed  and  approved  July  3,  1902. 

1083.  §  8.  The  right,  power  and  authority  heretofore  given 
and  granted  to  grantee,  by  ordinance  No.  900  aforesaid,  to  contract 
with  the  Danville,  Paxton  and  Northern  Railroad  Company,  its  suc- 
cessors and  assigns,  is  hereby  ratified,  extended  for  the  term  of 
twenty  (20)  years  hereinbefore  mentioned,  and  made  applicable  to 
the  right,  privilege  and  franchise  by  this  ordinance  granted;  and 
grantee  is  hereby  expressly  authorized  to  contract  likewise  with  the 
Danville,  Urbana  and  Champaign  Railway  Company  in  all  respects 
as  though  said  Dan^411e,  Urbana  and  Champaign  Railway  Company 
were  designated  in  said  ordinance  No.  900,  instead  of  the  Danville, 
Paxton  and  Northern  Railroad.  The  terms  and  provisions  of  this 
section  shall  be  applicable  not  only  to  the  track  by  this  ordinance 
authorized,  but  also  to  all  tracks  now  owned,  controlled  or  oper- 
ated by  grantee  as  well  as  all  such  as  may  hereafter  be  so  owned, 
controlled  or  operated. 

1084.  §  6.  Said  grantee  shall  have  said  railway  built  on  or  be- 
fore the  first  day  of  January,  1904:  Provided,  that  any  delay  directly 
caused  by  injunction  or  other  restraining  order  of  any  court  of 
competent  jurisdiction  shall  entitle  said  grantee  to  an  extension 
of  time  beyond  the  first  day  of  January,  1904,  equal  to  the  time 
during  which  said  injunction  or  restraining  order  shall  have  been 
in  effect. 

1085.  §  10.  This  ordinance  shall  be  void  and  of  none  effect 
unless  said  grantee  shall  within  ninety  (90)  days  after  the  passage 
and  approval  hereof,  file  with  the  city  clerk  of  said  city,  subject  to 
the  approval  of  the  city  council,  its  acceptance  in  writing  of  all  the 
terms,  conditions,  restrictions  and  limitations  of  this  ordinance. 
Said  acceptance  shall  be  accompanied  by  the  publisher's  certificate 
showing  due  publication  hereof  to  have  been  miade  at  the  cost  of 
grantee. 

Passed  and  approved  March  5,  1903. 

Published  March  10,  1903. 


An  Ordinance — Releasing  the  Danville  Street  Railway  and  Light 
Company  from  all  obligations  to  longer  keep  and  maintain  its 
railway  on  a  portion  of  Douglas  avenue. 

Whereas,  by  sections  nineteen  and  twenty  of  ordinance  1573 
passed  July  5,  1910,  being  an  ordinance  providing  for  the  improve- 
ment of  so  much  of  Douglas  avenue  as  lies  between  the  east  line  of 


SPECIAL   ORDINANCES  331 


Buchanan  street  and  the  east  hnc  of  IlHnois  street,  it  is  provided  that 
the  Danville  Gas,  Electric  Light  and  Street  Railway  Company  shall 
be  released  and  forever  discharged  from  complying  with  the  terms  and 
conditions  of  any  ordinance  relating  to  its  use  and  occupation  of  said 
portion  of  Douglas  avenue  upon  said  company  complying  with  the 
terms  and  conditions  in  said  ordinance  No.  1573,  mentioned  and  set 
forth. 

And  Whereas  the  Danville  Street  Railway  and  Light  Company  has 
become  and  is  the  owner  of  the  property  and  franchises  of  said  Dan- 
ville Gas,  Electric  Light  and  Street  Railway  Company. 

1086.  §  1.  Now,  Therefore,  Beit  ordained  by  the  City  Coun- 
cil of  the  City  of  Danville:  That  said  Danville  Street  Railway  and 
Light  Company  upon  its  full  compliance  with  all  the  terms  and 
conditions  imposed  upon  said  Danville  Gas,  Electric  Light  and 
Street  Railway  Company  by  said  ordinance  No.  1573,  shall  also 
be  released  and  forever  discharged  from  complying  with  the  terms 
and  conditions  of  any  ordinance  whereby  it  might  be  compelled  to 
keep  and  maintain  a  street  railway  track  in  said  portion  of  said 
Douglas  avenue  or  to  run  its  cars  thereon. 

1087.  §  2.  That  the  removal  of  the  said  track  by  said  Danville 
Street  Railway  and  Light  Company  shall  be  a  waiver  and  release  on 
its  part  and  on  the  part  of  said  Danville  Gas,  Electric  Light  and 
Street  Railway  Company  to  at  any  time  occupy  said  portion  of 
Douglas  avenue  under  any  ordinance  or  ordinances  now  in  force. 

Passed  August  16th,  1910.     Approved  August  17th,  1910. 


An  Ordinance— Granting  to  the  Danville  Street  Railway  and  Light 
Company,  a  franchise  upon  certain  streets,  from  the  intersec- 
tion of  Buchanan  street  with  the  north  line  of  Douglas  avenue, 
and  extending  to  a  point  in  the  Perrysville  road  about  thirty- 
eight  hundred  feet  from  the  west  line  of  Buchanan  street;  and 
also  authorizing  it  to  discontinue  operation  of  its  railway  on 
Douglas  avenue. 

1088.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Dan- 
ville, in  the  manner  following,  to-wit:  That  the  right,  privilege 
and  franchise  be,  and  the  same  hereby  is  given  and  granted  to 
the  Danville  Street  Railway  and  Light  Company,  its  successors 
and  assigns  (hereinafter  collectively  designated  as  "grantee")  for 
and  during  the  period  of  twenty  (20)  years  from  and  after  the 
date  of  the  passage  and  approval  of  this  ordinance,  to  construct, 
maintain,  lease,  operate  and  use  a  railway,  to  be  operated  by  elec- 
tricity or  by  any  other  proper  motive  power,  except  steam  loco- 
motive,  together  with   sidings,   turnouts,    spurs,    curves    and    con- 


332  SPECIAL   ORDINANCES 


nections,  poles  and  wires  for  conveyin*^  electricity  for  power,  light, 
heat,  and  other  jiurposes,  and  also  all  necessary  and  convenient 
cquiijment,  apijlianccs,  accessories  and  ap])urtenances  for  said 
railway,  and  to  construct  and  maintain  conduits,  man-holes,  sur- 
face plates  and  sewer  connections  beneath  the  surface  of  the 
ground,  together  with  all  other  necessary,  incidental  and  convenient 
equipment,  ajiplianccs  and  appurtenances  for  said  railway,  from  the 
intersection  of  Buchanan  street  with  the  north  line  of  Douglas  avenue 
extended  to  a  point  in  the  Perrysville  road,  approximately  thirty- 
eight  hundred  (3800)  feet  from  the  west  line  of  Buchanan  street,  by 
and  along  the  route,  and  upon,  over  and  along  the  certain  streets, 
alleys  and  highways,  bridges  and  public  grounds  as  follows,  to-wit: 

((a)  In  Buchanan  street  from  the  north  line  of  Douglas  avenue, 
extended  to  the  south  line  or  juncture  of  the  Perrysville  road,  and 
across  all  intersecting  streets  and  public  places. 

(b)  In  Perrysville  road  from  the  west  line  of  Buchanan  street 
south-easterly  approximately  thirty-eight  hundred  (3800)  feet. 

1089.  §  2.  That  the  construction,  use,  and  maintenance  by  said 
grantee  of  its  line  of  raihvay  hereby  authorized  shall  be  subject,  in  all 
respects,  to  all  the  terms  and  conditions  of  all  former  ordinances  under 
which  its  lines  are  now  being  used  and  operated  in  said  Citv  of  Dan- 
ville. 

1090.  §  3.  It  is  expressly  provided  that  the  line  of  railway  pro- 
vided for  in  this  ordinance  and  described  in  section  one  thereof,  shall 
be  constructed  and  iDlaced  in  regular  operation  by  grantee,  on  or 
before  the  1st  day  of  June,  1909. 

1091.  §  4.  That  the  line  of  street  railway,  in  West  street,  now 
known  as  Douglas  avenue,  from  the  west  side  of  Buchanan  street  to  the 
east  side  of  Illinois  street  provided  for,  and  authorized  by  the  ordi- 
nances of  said  city,  approved  on  July  3rd,  1891,  and  on  March  3rd, 
1898,  shall,  during  the  life  of  said  former  ordinance,  be  maintained 
by  grantee,  in  all  respects  as  therein  provided;  but  the  grantee  herein 
is  hereby  specifically  exempted  from  all  liability  for  failing  to  operate 
cars  over  said  line  hereafter,  and  is  hereby  specifically  authorized 
hereafter  to  abandon  the  operation  of  cars  over  said  line,  except  in  so 
far  as  it  may  see  fit  to  so  operate.  The  exemption  provided  in  this 
section  shall  become  operative  only  when  the  new  line  authorized 
by  this  ordinance  shall  be  placed  in  operation. 

1092.  §  5.  This  ordinance  shall  be  in  full  force  and  eflcct  from 
and  after  its  passage  and  approval,  if  grantee  shall,  within  forty  (40) 
days  after  its  said  passage,  file  with  the  City  Clerk: 

(a)  Its  acceptance  in  writing  of  the  ternis  and  provisions  of  this 
ordinance. 


i 


SPECIAL   ORDINANCES  333 


(b)  Its  bond  in  the  penal  sum  of  Five  Thousand  Dollars  ($5,000) 
conditioned  that  grantee  shall,  on  or  before  June  first,  1909,  place  in 
regular  operation,  the  entire  line  of  railway  described  in  section  one 
of  this  ordinance,  and  shall  in  all  respects  save  and  keep  harmless  the 
said  City  of  Danville  from  any  and  all  loss  or  damage  of  whatsoever 
nature  or  description  arising  by  reason  of  the  construction,  use, 
maintenance  or  operation  of  said  line  of  railway  described  in  section 
one  at  any  date  before  the  first  day  of  June,  1909,  the  grantee  shall 
place  its  said  line  of  railway  in  regular  operation,  and  shall  notify 
the  city  council  in  writing  to  that  effect,  that,  thereupon  said  bond 
shall  be  immediately  null  and  void. 

Passed  June  30th,  A.  D.  1908.     Approved  July  7th,  A.  D.  1908. 

Accepted  July  13,  A.  D.  1908. 


An  Ordinance — Granting  to  the  Danville  Street  Railway  and  Light 
Company,  a  franchise  on  Fairchild  street  from  Vermilion  street 
to  the  right  of  way  Oi  the  Chicago  and  Eastern  Illinois  Railroad 
Company. 

1093.  §  1.  That  the  right,  privilege  and  franchise  be,  and  the 
same  are  hereby  granted  to  the  Danville  Street  Railway  and  Light 
Company,  a  corporation,  its  successors  and  assigns,  for  the  period 
of  twenty  (20)  years  from  and  after  this  date,  to  construct,  maintain 
and  operate  its  line  of  railway  to  be  operated  by  electricity,  or  any 
other  proper  motive  power,  except  that  of  steam  locomotive,  to- 
gether with  all  necessary  side-tracks,  switches,  cross-overs,  turn-outs, 
curves  and  connections,  with  existing  and  future  lines  of  said  grantee; 
and  all  other  appurtenances  proper,  necessary  and  suitable  for  the 
operation  and  managem.ent  of  said  railway,  together  with  poles  and 
overhead  wires;  and  to  construct  and  maintain  conduits,  man-holes, 
surface  plates  and  sewer  connections  beneath  the  surface  of  the  street, 
together  with  all  necessary  equipment  in  the  premises,  over,  upon  and 
along  the  street  known  as  Fairchild  street  in  said  City  of  Danville, 
from  the  center  line  of  Vermilion  street  eastward  to  the  right  of  way 
and  tracks  of  the  Chicago  &  Eastern  Illinois  Railroad  Company, 
and  across  all  intersecting  streets,  alleys  and  public  ]Dlaces. 

1094.  §  2.  The  right,  privilege  and  franchise  for  the  line  of  rail- 
way hereby  authorized  and  granted  is  hereby  granted  subject  to  all 
of  the  terms  and  conditions,  except  as  hereinafter  provided,  prescribed 
by  said  ordinances  above  mentioned,  to-wit :  The  ordinance  approved 
on  the  third  day  of  July  1891,  and  ordinance  passed  on  3rd  day  of 
March,  1898,  both  of  which  said  ordinances  are  hereby  expressly 
referred  to,  and  the  building,  construction  and  o]3eration  of  the  line 
of  railway  herein  authorized  and  provided  for  shall  in  all  respects  be 
governed  by  the  provisions  of  said  former  ordinances. 


334  -  SPECIAL   ORDINANCES 


1095.  §  3.  This  franchise  is  granted  upon  the  express  provision 
that  said  Danville  Street  Railway  and  Light  Company,  its  successors 
and  assigns,  shall  not,  under  this  or  any  extension  of  franchise,  cross 
the  tracks  of  the  Chicago  &  Eastern  Illinois  Railroad  Company  and 
Wabash  Railway  Company  of  Fairchild  street  at  grade. 

Passed  September  7,  1905.     Approved  September  14,  1905. 


An  Ordinance-  Granting  a  franchise  to  the  Danville  Street  Railway 
and  Light  Company  on  South  Vermilion  street. 

Whereas,  the  City  of  Danville  did,  by  its  certain  ordinance, 
entitled  "An  Ordinance  in  relation  to  the  Danville  Gas,  Electric 
Light  and  Street  Railway  Company,  a  corporation,  organized  under 
the  laws  of  the  State  of  Illinois,"  passed  and  approved  July  3,  1891, 
authorize  the  construction  and  maintenance  by  the  Danville  Gas, 
Electric  Light  and  Street  Railway  Company,  of  certain  lines  of  street 
railway,  in  the  City  of  Danville; 

And  Whereas,  by  its  certain  ordinance,  numbered  674,  and  passed 
and  approved  on  the  3rd  day  of  March,  1898,  the  said  City  of  Dan- 
ville made  certain  extensions  of  the  franchises,  rights  and  privileges 
theretofore  granted  as  aforesaid; 

And  Whereas,  the  Danville  Street  Railway  and  Light  Company  is 
the  successor  af  the  Danville  Gas,  Electric  Light  and  Street  Railway 
Company,  and  is  now  the  owner  of  and  operating  all  of  the  lines  of 
street  railway  constructed  or  operated  under  or  by  virtue  of  said 
ordinances; 

And  Whereas,  it  appears  that  the  Danville  Street  Railway  & 
Light  Company  has  in  all  things  complied  with  the  terms  and  reqiiire- 
ments  of  the  law  with  reference  to  obtaining  a  right,  privilege  and 
franchise  to  construct,  maintain  and  operate  a  railway  as  hereinafter 
set  forth; 

Now,  Therefore,  be  it  ordained,  by  the  City  Council  of  the  City 
of  Danville; 

1096.  §  1.  That  the  right,  privilege  and  franchise,  be,  and  the 
same  hereby  is  granted  to  the  Danville  Street  Railway  and  Light 
Company,  a  corporation,  its  successors  and  assigns,  for  the  period  of 
twenty  (20)  years,  from  and  after  this  date,  to  construct,  maintain 
and  operate  its  line  of  electric  street  railway,  to  be  operated  by  elec- 
tricity, or  any  other  proper  motive  power,  except  steam,  together  with 
all  necessary  side  tracks,  spurs,  switches,  cross-overs,  turn-outs, 
curves  and  connections  with  existing  and  future  lines  of  said  grantee, 
and  all  other  appurtenances  proper  and  necessary  for  the  operation 


SPECIAL    ORDINANCES  335 


and  management  of  said  electric  street  railway,  together  with  poles 
and  over-head  wires ;  and  to  construct  and  maintain  conduits,  man- 
holes, surface  plates  and  sewer  connections  beneath  the  surface  of  the 
street,  together  with  all  necessary  equipments  in  the  premises,  over, 
upon  and  along  the  street  known  as  South  Vennilion  street,  or  South 
Vermilion  street  extended,  in  said  City  of  Danville,  between  the  north 
line  of  South  street  and  the  southern  terminus  of  vSouth  Vermilion 
street,  or  south  Vermilion  street  extended,  said  southern  terminus 
of  South  Vermilion  street  being  approximately  three  blocks  south  of 
South  street  aforesaid. 

1097.  §  2.  That  the  right,  privilege  and  franchise  for  said  line 
of  electric  street  railway  hereby  authorized  and  granted  are  hereby 
made  subject  to  all  of  the  terms  and  conditions  (except  where,  and 
in  so  far  as,  such  terms  and  conditions  are  in  conflict  or  inconsistent 
with  the  spirit  and  letter  of  this  ordinance)  prescribed  by  the  said 
ordinances  above  miCntioned,  to-wit:  the  ordinance  approved  on  the 
3rd  day  of  July,  1891,  and  the  ordinance  approved  on  the  3rd  day  of 
March,  1898,  both  of  which  said  ordinances  are  hereby  expressly  re- 
ferred to. 

1098.  §  3.  It  is  expressly  provided  that  nothing  in  sections  16 
and  17  of  aforementioned  ordinance,  approved  July  3,  1891,  and  as 
extended  by  ordinance  heretofore  mentioned,  approved  March  3rd, 
1898,  relative  to  the  construction  and  operation  of  the  lines  covered 
by  said  ordinances  shall  be  construed  to  have  reference,  or  shall  be 
applicable,  or  attach,  to  any  line  of  railway  herein  provided  for,  and 
authorized,  or  to  the  rights,  privileges  and  franchise  herein  granted. 

Passed  June  1st,  1905.     Approved  June  8th,  1905. 


An  Ordinance — Granting  to  the  Danville  Street  Railway  and  Light 
Company  a  franchise  of  English  street  from  Vermilion  street  to 
Logan  avenue. 

Whereas,  the  City  of  Danville  did,  by  its  certain  ordinance,  en- 
titled "An  Ordinance  in  relation  to  the  Danville  Gas,  Elecrtic  Light 
and  Street  Railway  Company,  a  corporation,  organized  under  the 
laws  of  the  State  of  Illinois,"  passed  and  approved  July  3,  1891, 
authorize  the  construction  and  maintenance  by  the  Danville  Gas, 
Electric  Light  and  Street  Railway  Company,  of  certain  lines  of  street 
railway  in  the  City  of  Danville; 

And  Whereas,  by  its  certain  ordinance,  numbered  674,  and  passed 
and  approved  on  the  3rd  day  of  March,  1898,  the  said  City  of  Dan- 
ville, made  certain  extensions  of  the  franchises,  rights  and  privileges 
theretofore  granted  as  aforesaid ; 


336  SPECIAL   ORDINANCES 


And  Whereas,  the  Danville  Street  Railway  and  Light  Company 
is  the  successor  to  the  Danville  Gas,  Electric  Light  and  Street  Rail- 
way Company,  and  is  now  the  owner  of  and  operating  all  of  the  lines 
of  street  railway  constructed,  or  operated  under  or  by  virtue  of  said 
ordinances ; 

And  Whereas,  it  appears  that  the  Danville  Street  Railway'  &  Light 
Company  has  in  all  things  complied  with  the  terms  and  requirements 
of  the  law  with  reference  to  obtaining  a  right,  privilege  and  franchise 
to  construct,  maintain  and  operate  a  railway  as  hereinafter  set  forth; 

1099.  §  I.  Now,  THEREFORE,'Be  it  ordained  by  the  City  Cottnctl 
of  the  City  of  Danville:  That  the  right,  privilege  and  franchise  be, 
and  the  same  hereby  is  granted  to  the  Danville  Street  Railway  and 
Light  Company,  a  corporation,  its  successors  and  assigns,  for  the  period 
of  twenty  (20)  years  from  and  after  this  date,  to  construct,  maintain, 
and  operate  its  line  of  electric  street  railway,  to  be  operated  by 
electricity  or  any  other  proper  motive  power,  except  steam,  together 
with  all  necessary  side  tracks,  switches,  cross-overs,  turn-outs,  curves 
and  connections  with  existing  and  future  lines  of  said  grantee,  and  all 
other  appurtenances  proper  and  necessary  for  the  operation  and 
management  of  said  electric  street  railway,  together  with  poles  and 
over-head  wires;  and  to  construct  and  maintain  conduits,  man-holes, 
surface  plates  and  sewer  connections  beneath  the  surface  of  the  street, 
together  with  all  necessary  equipments  in  the  premises,  over,  upon 
and  along  the  street  known  as  English  street  in  said  City  of  Danville, 
from  the  center  line  of  Vermilion  street  to  the  center  line  of  Logan 
avenue. 

1100.  §  2.  That  the  right,  privilege  and  franchise  for  the  line 
of  electric  street  railway,  hereby  authorized  and  granted,  is  hereby 
granted  subject  to  all  of  the  terms  and  conditions  prescribed  by  the 
said  ordinance,  above  mentioned,  to- wit :  the  ordinance  approved  on 
the  3rd  day  of  July,  1891,  and  an  ordinance  approved  on  the  3rd  day 
of  March,  1898,  both  of  which  said  ordinances  are  hereby  expressly 
referred  to;  and  the  building,  construction  and  operation  of  the  line 
of  railway,  herein  provided,  shall,  in  all  respects,  be  governed  by  the 
provisions  of  said  fonner  ordinances. 

1101.  §  3.  That  the  line  of  street  railway,  from  VermiHon  street 
to  a  point  fifty  (50)  feet  east  of  the  cemetery  in  English  street  pro- 
vided for,  and  authorized  by  the  said  ordinances  approved  July  3rd, 
1891,  and  the  said  ordinance  approved  March  3rd,  1898,  shall,  during 
the  Hfe  of  said  former  ordinance,  be  maintained  by  grantee,  in  all 
respects  as  therein  provided ;  but  the  grantee  herein  is  hereby  speci- 
fically exempted  from  all  liabiHty  for  failing  to  operate  cars  over  said 
line  hereafter,  and  is  hereby  specifically  authorized  hereafter  to 
abandon  the  operation  of  cars  over  said  line,  except  in  so  far  as  it 


SPECIAL   ORDINANCES  337 


may  see  fit  to  so  operate.  The  exemption  provided  in  this  section 
shall  become  operative  only  when  the  new  line  authorized  by  this 
ordinance  shall  be  placed  in  operation. 

Passed  June  1st,  1905.     Approved  June  8th,  1905. 


An  Ordinance— Granting  to  the  Danville  and  Eastern  Illinois  Rail- 
way Company,  a  franchise  upon  Fairchild  street  or  Fairchild 
street  extended,  from  the  west  line  of  Griffith  street  to  the  east 
line  of  section  three  (3)  township  nineteen  (19)  north,  range 
eleven  (11)  west,  of  the  second  (2d)  P.  M. 

1102.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Dan- 
ville, in  the  manner  following,  to-wit :  That  the  right,  ]3rivilege  and 
franchise,  be  and  the  same  hereby  is  given  and  granted  to  the  "gran- 
tee" for  and  during  the  period  of  fifty  (50)  years  from  and  after  the  date 
of  the  passage  and  approval  of  this  ordinance,  to  construct,  maintain 
and  operate  a  railway,  to  be  operated  by  electricity,  or  by  any  other 
proper  motive  power,  except  steam,  with  all  the  necessary  and  incident- 
al tracks,  side-tracks,  switches,  cross-overs,  turn-outs,  and  other  appur- 
tenances proper,  necessary  and  incidental  to  the  operation  and  manage- 
ment of  said  railway,  together  with  poles  and  over-head  wires,  and  to 
construct  andrnaintain  conduits,  man-holes,  surface  plates  and  sewer 
connections  beneath  the  surface  of  the  ground,  together  with  all 
necessary  and  incidental  equipment  in  the  premises,  upon  Fairchild 
street  or  Fairchild  street  extended,  in  the  said  City  of  Danville,  from 
the  west  line  of  Griffith  street  to  the  east  line  of  section  three  (3)  in 
township  nineteen  (19)  north,  range  eleven  (11)  west  of  the  second 
(2d)  P.  M.,  in  Vermilion  County,  Illinois. 

1103.  §  2.  Cars  to  be  used  and  operated  on  said  railway  from 
October  first  to  May  first,  each  year,  shall  have  vestibules  which  will 
effectually  protect  the  person  or  persons  operating  such  cars. 

1104.  §  3.  That  the  over-head  wires  m.ay  be  supported  on  wires, 
at  approximately  right  angles  to  the  street,  supported  by  poles, 
planted  in  the  sidewalk  on  the  inside  of  the  curb  line  of  any  such 
street,  or  at  other  convenient  points  in  said  streets,  alleys,  highways, 
bridges,  and  public  grounds. 

1105.  §  4.  The  track  or  tracks  shall  be  constructed  in  con- 
formity with  the  surface  of  the  ground  existing  at  this  time,  and  as  the 
grades  may  be  thereafter  from  time  to  time  established;  the  crossings, 
frame  work,  and  superstructure  shall  be  imbedded  below  the  surface 
of  the  ground  and  shall  be  so  constructed  as  to  present  the  least  inter- 
ference with  the  travel  and  public  use  of  said  streets.  The  track  or 
tracks  shall  be  raised  in  such  a  manner  as  not  to  interfere  with  the 
free  flow  of  water  in  the  gutters  or  ditches  now  existing  or  hereafter 


338  SPECIAL    ORDINANCES 


built  by  said  city;  and  as  to  all  portions  of  said  street  not  now  paved, 
and  until  same  shall  be  paved,  as  hereinafter  provided,  grantee  shall 
kecj)  the  space  between  the  rails  of  the  outside  track,  and  for  a  space 
of  one  (1)  foot  on  the  outside  of  the  outside  rail,  level  with  the  surface 
•of  the  street  and  in  good  condition,  so  that  carriages  and  other  vehi- 
cles can  easily  and  freely  cross  said  tracks  at  any  and  all  pionts: 
Provided,  however,  that  said  rails  may  be  laid  not  more  than  one- 
half  (§)  inch  above  the  grade  of  said  street.  In  all  cases  of  dispute 
as  to  the  proper  condition  or  repair  of  any  such  track  or  tracks,  the 
■decision  of  the  Mayor,  City  Engineer  and'  the  Committee  on  Streets 
and  Alleys  of  said  city  shall  be  final  and  conclusive.  In  case  grantee 
shall  fail  to  make  all  repairs  of  said  track  or  tracks  within  ten  (10) 
days  after  written  notice  shall  have  been  served  upon  any  of^cer  or 
grantee,  then  the  said  City  of  Danville  may  make  such  repairs  and 
charge  the  cost  thereof  upon  the  property,  franchise  and  right  of  way 
of  grantee. 

1106.  §  5.  Within  four  months  after  the  completion  of  the 
grantee's  line  of  railway,  herein  authorized,  grantee  shall  widen  the 
grade  of  the  roadway  on  which  it  is  constructed,  at  its  own  cost  and 
expense  so  that  the  space  on  each  side  of  the  outside  rail  of  its  track 
or  tracks  at  any  given  point  in  said  highway  shall  be  at  least  ten  (10) 
feet  in  width.  The  material  to  be  used  for  such  widening  of  the 
traveled  portion  of  the  street  shall  be  such  as  the  grantee  shall  desire 
to  use,  except  that  the  top  thereof  shall  consist  of  a  good  quality  of 
gravel,  at  least  six  inches  in  thickness:  And,  provided,  further,  that 
grantee  shall,  at  its  own  cost  and  expense,  lengthen  all  culverts  now 
on  said  street,  so  that  the  same  shall  be  at  least  thirty-five  (35)  feet 
in  length. 

1107.  §  6.  That  the  tracks  shall  be  laid  in  the  center  of  said 
■Street  and  highway  as  to  that  portion  of  the  same  wherein  a  single 
track  is  used;  and  where  a  double  track  is  used,  each  track  shall  be  as 
near  the  center  line  of  said  street  and  highway  as  it  is  practicable  to 
place  same,  and  equi-distant  from  said  center  line. 

1108.  §  7.  That  all  poles  erected  in  said  streets  shall  be  straight, 
smooth  and  shapely  and  shall  be  kept  neatly  painted :  Provided,  that 
said  poles  may  be  painted  black  for  a  distance  of  eight  (8)  feet  from 
the  surface  of  the  ground. 

1109.  §  8.  That  the  consent  and  authority  given  by  this  ordi- 
nance to  construct,  maintain  and  operate  said  electric  railway  as 
herein  provided,  is  upon  the  express  condition  that  said  grantee  shall 
pay  all  damages  to  owners  of  property  abutting  upon  said  streets  or 
highways,  or  over  which  said  electric  railway  is  to  be  constructed, 
which  they  may  sustain  by  reason  of  the  location  or  construction  of 
said  railway,  same  to  be  ascertained  and  paid  as  provided  by  law,  for 


SPECIAL    ORDINANCES  339 


the  exercise  of  the  right  of  eminent  domain,  and  grantee  shall  save 
and  keep  harmless  and  indemnify  said  owners  from  any  and  all  dam- 
ages which  may  be  caused  by  the  location  or  construction  of  said 
road. 

1110.  §  9.  That  if  at  any  time  hereafter  the  city  shall  improve 
an}^  portion  of  the  street  or  highVv^ay  over  and  along  which  this  fran- 
chise is  granted  by  paving  the  same,  then  said  grantee  shall,  at  the 
same  time,  and  in  the  same  manner,  as  to  such  portion  of  said  street 
or  highway,  pave  and  improve  its  right  of  way  at  its  own  expense,  in- 
cluding the  space  between  its  outside  tracks,  and  also,  a  space  of  one 
foot  on  the  outside  of  the  outside  rail  of  said  track  or  tracks. 

1111.  §  10.  That  the  grantee  shall  not,  at  any  time,  run  cars 
through,  or  unnecessarily  disturb,  any  funeral  procession  or  public 
parade  in  said  street,  and  that  no  cars  shall  be  run  along  or  upon  said 
streets  at  any  greater  rate  of  speed  than  fifteen  (15)  miles  per  hour 
within  the  corporate  limits  of  said  city. 

1112.  §  11.  It  is  expressly  provided  that  the  grantee  shall  have 
the  right  and  privileges  following  as  to  its  railway  herein  provided  for, 
to-wit : 

(a)  To  operate,  or  permit  to  be  operated  by  others,  as  many 
passenger  cars  as  it  may  deem  proper,  not  less,  however,  than  one 
every  half  hour  between  the  hours  of  six  a.  m.  and  ten  p.  m.  every  day. 

(b)  To  transport,  in  the  vestibule  of  any  such  passenger  cars,  any 
mail,  baggage,  express  m.atter,  and  freight  in  packages,  not  exceeding 
three  hundred  (300)  pounds. 

(c)  To  operate,  or  permit  to  be  operated  by  others,  special  cars 
for  the  transportation  of  mail  or  express  matter. 

(d)  To  operate,  or  permit  to  be  operated,  electric  locomotives  and 
cars  for  the  transportation  of  freight,  but  not  more  than  two  freight 
cars  in  any  one  train,  which  freight  may  consist  of  merchandise,  cin- 
ders, railway  construction  material,  or  any  other  ordinary  freight  in 
packages  not  exceeding  three  hundred  (300)  pounds  each.-  And,  pro- 
vided, further,  that  cinders  and  refuse  may  be  transported  from  said 
power  house,  for  use  as  ballast  upon  the  roads  of  the  grantee  by  the 
shortest  existing  route  and  in  cars  designed  and  used  for  that  purpose, 
between  the  hours  of  six  p.  m.  and  six  a.  m.,  provided  that  said  cinders 
and  refuse  are  first  thoroughly  dampened. 

1113.  §  12.  It  is  expressly  provided  that,  in  consideration  of  the 
grants  above  made  to  the  grantee,  the  fare  which  the  grantee  shall  be 
allowed  to  charge  for  carrying  one  single  passenger,  for  one  continuous 
passage,  in  one  direction,  shall  be  five  cents  and  no  more,  over  the 
following  lines,  and  between  the  following  termini  in  either  direction : 


340  •  SPECIAL    OKIDNANCES 


1.  Between  any  two  ])oints  on  the  lines  of  the  grantee  within  the 
present  corporate  Hmits  of  the  City  of  Danville. 

2.  Between  any  two  points  on  the  lines  of  the  Danville  Street 
Railway  and  Lij^ht  Comi)any,  within  the  ])resent  corporate  lirnits  of 
the  city  of  Danville. 

3.  Between  any  ]:oints  on  the  lines  of  the  Dan\-ille  Street  Railway 
and  Lij2;ht  Company  within  such  corporate  limits,  and  any  point  on 
the  lines  of  the  grantee  within  such  cor])orate  limits. 

4.  Between  any  two  i^oints  on  the  jjresent  or  future  lines  of  the 
grantee  of  the  Danville  vStreet  Railway  and  Light  Company,  of  the 
Danville  and  Northern  Railway  Company,  and  of  the  Dan\dlle, 
Urbana  and  Champaign  Railway  Company,  within  the  territory  now 
included  in  the  present  corporate  limits  of  the  City  of  Danville. 

In  order  to  make  this  tariff  of  rates  efTectual,  tlie  grantee  shall 
transfer,  and  shall  also  cause  the  Dan^'ille  Street  Railway  and  Light 
Company,  its  successors  and  assigns,  the  Danville  and  Northern 
Railway  Company,  its  successors  and  assigns,  and  the  Danville,  Ur- 
bana and  Champaign  Railway  Company,  its  successors  and  assigns,  to 
likewise  transfer  all  passengers  so  requesting  the  same  to  the  lines  and 
cars  of  the  other,  and  to  issue  proper  transfer  slips  or  tickets  under 
such  proper  regulations  as  it  shall  provide  entitling  each  such  pas- 
senger to  the  continuous  transportation  in  one  direction  as  above  pro- 
vided at  the  rates  aforesaid.  It  is  the  intent  of  this  section  that  each 
passenger,  for  one  single  five  cent  fare,  shall  be  entitled  to  be  trans- 
ported in  one  continuous  passage,  in  one  direction,  over  the  lines  of 
any  or  all  of  the  above  mentioned  traction  corporations,  between 
any  two  points  reached  by  the  present  or  future  lines  of  either  of 
them,  within  the  territory  now  included  within  the  present  corporate 
lirnits  of  the  City  of  Danville. 

1114.  §  13.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval,  if  accepted  in  writing,  within 
ten  (10)  days  thereafter  by  the  grantee;  and  the  grantee  shall  also 
file  a  bond  with  the  city  clerk  of  the  said  City  of  Danville  in  the  penal 
sum  of  ten  thousand  dollars  i'$10,000),  with  good  and  sufficient 
sureties  to  be  approved  by  the  city  council  of  the  said  city  of  Danville, 
conditioned  that  the  grantee,  its  successors  and  assigns  shall,  in  all  re- 
spects, save  and  keep  harmless  said  City  of  Danville  from  all  loss  or 
damage  of  whatsoever  kind  or  description,  arising  by  reason  of  the 
use,  maintenance  and  operation  of  said  railway  mentioned  herein; 
said  bond  to  remain  in  full  force  and  effect  for  the  term  of  two  years 
from  and  after  its  date ;  Provided,  however,  that  if  at  any  time  after 
this  ordinance  thus  becomes  effective,  the  grantee,  or  the  Danville 
Street  Railway  and  Light  Company,  its  successors  and  assigns,  or  the 
Danville  and  Northern  Railway  Company,  its  successors  and  assigns, 


SPECIAL    ORDINANCES  341 


or  the  Danville,  Urbana  and  Champaign  Railway  Company,  its 
successors  and  assigns,  shall  fail  or  refuse  to  carry  out  in  full,  the  pro- 
visions of  section  12,  for  a  period  of  thirty  consecutive  days,  then  and 
in  that  event,  at  the  end  of  such  period  of  thirty  days,  this  ordinance, 
and  all  the  right,  privileges  and  franchises  therein  granted  to  the 
grantee  shall  become  and  be  null  and  void  and  of  no  effect  whatever. 

Passed  August  12,  1907.     Became  a  law  without  the  signature  of 
the  Mayor. 

Accepted  and  bond  given  August  16th,  1907. 


INTERURBANS. 
An  Ordinance — Granting  franchise  to  D.  P.  &  N.  R.  R. 

1115.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Danville,  Illinois,  as  follows:  That  the  right,  privilege  and  franchise 
be  and  hereby  is  granted  to  the  Danville.  Paxton  &  Northern  Railroad , 
its  successors  and  assigns,  for  a  period  of  twenty  (20)  years  from  this 
date  to  construct,  maintain,  operate  and  erect  an  electric  railway,  to 
be  operated  b}^  electricity,  or  other  pro]jer  motive  power,  except 
steam,  with  all  the  necessary  tracks,  side-tracks,  sidings,  switches, 
turn-outs  and  other  appurtenances  proper  or  necessary  few*  the  oper- 
ation and  management  of  said  street  railroad,  together  with  poles 
and  over-head  wires,  and  to  construct  and  maintain  conduits  and 
tubes,  with  all  necessary  man-holes,  surface  plates  and  sewer  con- 
nections beneath  the  surface  of  the  streets,  together  with  all  neces- 
sary equii;ments  in  the  premises,  in,  over,  upon  and  along  the  bridge 
known  as  Gilbert  Street  Bridge,  and  also  in,  over,  upon  and  along 
Gilbert  street  from  the  southern  corporate  limits  of  the  City  of  Dan- 
ville, to  a  ]Doint  at  the  interseciion  of  said  Gilbert  street  with  the  north 
boundary  line  of  Main  street,  in  the  said  City  of  Danville,  subject  to 
the  terms  and  conditions  hereinafter  i^rescribed. 

1116.  §  2.  Where  the  railroad  crosses  said  bridge  the  method 
of  construction  shall  be  as  follows,  to-wit:  If  there  be  but  one 
track,  the  same  shall  be  laid  on  the  west  side  of  said  bridge,  next 
to  the  west  sidewalk,  the  west  rail  thereof  shall  be  laid  directly  over 
the  west  stringer  or  truss  of  the  bridge.  If  there  be  a  double  track, 
then,  in  addition  to  the  above,  the  east  rail  of  the  east  track  shall 
be  laid  directly  over  the  east  stringer  or  truss  of  the  bridge.  The  rails 
for  such  track  or  tracks  shall  be  what  is  known  as  girder  or  flat  rails, 
and  shall  be  so  placed  upon  the  floor  of  the  bridge  as  not  to  impede 
the  travel  of  vehicles,  so  that  the  travel  with  teams  may  extend 
across  the  whole  v-'idth  of  the  bridge.  The  fences  on  each  side  of  the 
bridge  shall  be  made  five  feet  high  and  shall  be  strengthened  and 
made  perfectly  secure  and  solid.     The  over-head  wires  upon  said 


342  SPECIAL   ORDINANCES 


bridge  shall  bo  suspended  upon  brackets  fastened  to  supports  at- 
tached to  the  bridge,  on  the  remainder  of  the  street  aforesaid  the  said 
wires  may  be  suspended  from  wires  at  right  angles  from  the  street  or 
from  poles  planted  on  the  sidewalk  on  the  inside  of  the  curb  line,  next 
to  the  gutters. 

1117.  §  3.  Before  entering  upon  the  said  bridge,  the  following 
changes  and  alterations  shall  be  made  in  said  bridge,  the  same  being 
recommended  by  Ira  O.  Baker,  member  American  Society  En- 
gineers, and  engineer  for  the  County  of  Vermilion,  in  the  construc- 
tion of  said  bridge,  namely: 

The  walks  on  each  side  shall  be  reduced  to  four  and  one-half 
(4|)  feet.  There  vshall  be  placed  on  the  floor  beams,  under  each 
rail  of  each  track  placed  on  said  bridge,  either  a  twelve  (12)  inch 
by  sixteen  (16)  inch  long  leafed  yellow  pine  girder,  or  a  fifteen  (15) 
inch,  fort^'-two  (42)  pound  per  foot  steel  "I"  beam.  The  expense 
of  making  these  changes  shall  be  borne  by  the  company  accepting 
this  franchise;  and  the  company  accepting  this  franchise  and  using 
the  said  bridge  for  the  purpose  herein  granted  shall  thereafter  keep 
and  maintain  in  repair,  and  at  its  own  expense  and  cost,  all  that 
part  of  the  floor  of  said  bridge  used  by  it  and  one  foot  on  either 
side  of  same,  lying  within  the  corporate  limits  of  the  said  city  of 
Danville;  all  such  repairs  to  be  made  at  the  direction  and  under  the 
supervision  of  the  City  of  Danville.  Before  entering  upon  said 
bridge  to  make  said  changes  therein  the  grantee  shall  first  file  with 
the  city  clerk,  of  said  city  a  bond  in  the  penal  sum  of  twenty-five 
thousand  dollars,  with  good  and  sufificient  sureties,  to  be  approved 
by  the  city  council,  conditioned  for  the  making  of  such  changes  in 
a  careful  and  workmanlike  manner,  so  that  no  injury  shall  result 
to  the  bridge  therefrom,  and  for  the  miaking  of  all  changes  required 
by  this  ordinance.  And  conditioned,  also,  for  the  keeping  in  repair 
that  part  of  the  said  bridge  as  aforesaid  used  by  them  that  lies 
within  the  corporate  limits  of  said  city  of  Danville,  at  its  or  their 
own  expense  or  cost,  such  repairs  to  be  made  at  the  direction  and 
under  the  supervision  of  the  said  City  of  Danville,  such  condition 
to  be  in  full  force  and  effect  during  the  continuance  of  the  franchise 
herein  granted.  The  grantee  or  company  or  companies  accepting 
this  franchise  shall  also  keep  and  maintain  all  necessary  arc  lights 
upon  said  bridge,  not  less  than  three  in  number. 

1118.  §  3|.  The  cars  to  be  operated  on  said  street  railway 
from  October  first  to  May  first  of  each  3'ear  shall  have  vestibules 
which  will  effectually  protect  the  person  or  persons  operating  such 
cars. 

1119.  §  4.  At  the  intersection  of  Gilbert  street  and  Main  street, 
a  suitable  curve  may  be  made  to  aft'ord  a  ready  and  unimpeded 


SPECIAL    ORDINANCES  343 


passage  of  cars  to  and  from  the  street  railway  track  now  on  Main 
street. 

1120.  §  5.  The  track  or  tracks  shall  be  constructed  in  con- 
formity with  the  surface  of  the  said  street  existing  at  the  tim.e  of  its 
construction,  and  as  the  grade  may  be  thereafter  from  time  to  time 
established.  The  cross-ties,  frame  work  and  superstructure  shall 
be  made  below  the  surface  of  the  street  and  shall  be  so  constructed 
as  to  present  the  least  practicable  interference  with  the  travel  and 
public  use  of  said  street,  and  the  track  or  tracks  shall  be  raised  in 
such  a  manner  as  not  to  interfere  with  the  free  flow  of  water  in  the 
gutters  that  are  now  or  may  hereafter  be  built  in  said  street.  And 
the  said  grantee  shall  keep  the  street  between  the  rails  and  for  one 
foot  on  the  outside  of  the  track  level  with  the  surface  of  the  said 
street,  and  in  good  condition,  so  that  carriages  or  other  vehicles  can 
easily  and  readily  cross  said  tracks  at  any  and  all  points:  Provided,, 
however,  That  said  rails  may  be  laid  not  more  than  one-half  inch 
above  the  grade  of  said  street,  except  that  the  track  leading  from 
Gilbert  street  to  the  north  end  of  said  Gilbert  street  bridge  may  be 
raised  as  much  as  is  necessary  so  that  necessary  supports  may  be 
placed  beneath  said  track;  as  to  the  proper  condition  or  repair  of 
any  such  track  or  tracks,  the  decision  of  the  ma3'or,  city  engineer 
and  comniittee  on  streets  and  alleys  shall  be  final  and  conclusive,  in 
case  said  grantee  shall  fail  to  make  such  repairs  upon  said  track  or 
tracks,  within  ten  days  after  written  notice  shall  have  been  served 
upon  any  officer  or  employe  of  said  grantee  then  the  City  of  Dan- 
ville may  make  such  repairs  and  charge  the  cost  thereof  to  the 
franchise  and  right-of  way  of  said  grantee. 

1121.  §  6.  All  poles  erected  in  the  street  shall  be  straight, 
smooth  and  shapely,  and  shall  be  kept  neatly  painted  with  good 
paint  of  a  cheerful  color,  provided  said  poles  may  be  painted  black 
for  a  distance  of  eight  feet  from  the  surface  of  the  street. 

1122.  §  7.  The  consent  and  authority  given  by  this  ordinance 
to  construct,  maintain  and  operate  said  electric  street  railroad  as 
provided  herein,  is  upon  the  express  condition  that  the  said  grantee 
shall  pay  all  damages  to  owners  of  property  abutting  upon  the 
street  upon  and  over  which  said  road  is  to  be  constructed;  which 
they  may  sustain  by  reason  of  the  location  or  construction  of  said 
road,  the  same  to  be  ascertained  and  paid  in  the  manner  provided 
by  law  for  the  exercise  of  the  right  of  eminent  domain,  and  the 
said  grantee  shall  save  and  keep  harmless  said  City  of  Danville  from 
all  damages  which  may  be  caused  by  reason  of  the  location  or  con- 
struction of  said  road. 

1123.  §  8.  That  at  any  time  said  city  shall  improve  Gilbert 
street  by  paving  the  same,  said  grantee  shall  at  its  own  expense 
and  in  the  same  manner  pave  and  improve  the  right-of-way  hereby 


344  SPECIAL    ORDINANCES 


granted,  which  paving  shall  include  the  space  between  the  tracks  of 
said  railroad  and  one  foot  on  the  outside  of  the  outside  rail  thereof. 

1124.  §  9.  Said  grantee  shall  not  at  any  time  run  cars  through 
or  otherwise  unnecessarily  disturb  any  fimcral  i)roccssion  or  any 
public  parade. 

1125.  §  10.  Said  street  railway  shall  not  be  operated  so  as  to 
run  cars  over  said  tracks  within  the  corporate  limits  of  this  city  at 
any  greater  rate  of  speed  than  four  miles  j^er  hour. 

1126.  §  11.  The  said  grantee  shall  have  the  work  upon  said 
railroad  fully  completed  on  November  1 5th  after  the  passage  of  this 
ordinance,  or  forfeit  all  rights  and  privileges  granted  by  this  ordi- 
nance: Provided,  That  should  it  be  delayed  by  any  court  of  com- 
petent jurisdiction  from  completing  said  railway,  by  injunction  or 
other  restraining  order,  the  time  of  such  delay  shall  be  excluded 
from  the  time  herein  specified  for  the  completion  of  the  same. 

1127.  §  12.  If  said  grantee  desires  to  avail  itself  of  the  benefits 
of  this  ordinance,  it  shall,  within  ten  days  after  the  same  goes  into 
effect,  file  a  written  acceptance  of  its  terms  with  the  city  clerk  of  the 
said  City  of  Danville,  together  with  a  bond  in  the  penal  sum  of 
twenty-five  thousand  dollars,  with  good  and  sufficient  sureties  to  be 
approved  by  the  city  council  of  the  said  City  of  Danville,  condi- 
tioned that  the  said  grantee  or  grantees  shall  in  all  respects  save 
and  keep  harmless  the  said  City  of  Danville  from  any  and  all  loss, 
or  damage  of  whatsoever  kind  or  description  arising  by  reason  of 
the  use,  maintenance  or  operation  of  the  said  railroad  mentioned 
herein,  over,  upon  and  along  the  said  Gilbert  street,  from  the  south- 
ern corporate  limits  of  the  City  of  Danville  to  the  said  point  at  the 
intersection  of  said  Gilbert  street  with  the  north  boundary  of  Main 
street,  in  the  said  City  of  Danville. 

Passed  and  approved  May  23,  1901. 


An  Ordinance — Granting  a  franchise  to  the  Danville,  Urbana  and 
Champaign  Railway  Company,  upon  certain  streets  and  alleys, 
from  the  Public  Square  to  the  western  corporate  limits  of  said 
city. 

Whereas,  it  appears  that  the  Danville,  Urbana  and  Champaign 
Railway  Company,  a  railroad  corporation,  has,  in  all  things,  complied 
with  the  terms  and  requirements  of  law  with  reference  to  obtaining 
the  right,  franchise  and  pri\'ilege  to  construct,  maintain  and  operate 
an  electric  railroad  ai  the  points  and  places  hereinafter  particularly 
described;  therefore, 

1128.     §  1.     Be   it  ordained  by  the  City  Council  of  the   City  of 


SPECIAL   ORDINANCES  345 


Danville,  in  the  manner  following,  to-wit:  That  the  right,  priv- 
ilege and  franchise  be,  and  the  same  hereby  is  given  and  granted 
to  the  Danville,  Urbana  and  Champaign  Railway  Company,  its 
successors  and  assigns  (hereinafter  collectively  designated  as 
''grantee")  for  and  during  the  period  of  thirty  years,  from  and 
after  the  date  of  the  passage  and  approval  of  this  ordinance,  to 
construct,  maintain  and  operate  a"  railway  to  be  operated  by  elec- 
tricity, or  by  any  other  proper  miotive  povv^er  except  steam,  with 
all  necessary  and  incidental  tracks,  side-tracks,  switches,  cross- 
overs, turn  outs  and  other  appurtenances  proper,  necessary  and 
incidental  to  the  operation  and  management  of  the  said  railway, 
together  with  i)oles  and  overhead  wires;  and  to  construct  and  main- 
tain conduits,  man-holes,  surface  plates  and  sewer  connections 
beneath  the  surface  of,  the  ground,  together  with  all  other  necessary 
and  incidental  equipment  in  the  premises,  from  a  point  in  the  Public 
Square,  in  the  City  of  Danville,  to  the  western  corporate  limits 
of  said  City  of  Danville,  by  the  route  and  upon  and  along  the  certain 
streets,  alleys,  highways  and  public  grounds  and  bridges  as  follows, 
to-wit: 

(a)  From  a  point  in  the  Public  Square,  thence  west  in  Main  street 
to  Ellsworth  Park. 

(b)  From  a  point  in  the  Public  Square,  thence  south  in  Vermilion 
street  to  the  center  of  South  street,  thence  west  in  Sbuth  street  to  the 
center  of  Water  street,  thence  westerly  in  Water  street  to  the  center 
of  Walnut  street,  thence  north  in  Walnut  street  to  the  center  of 
Main  street. 

(c)  From  the  center  of  Main  street  in  Logan  avenue,  thence  or  its 
extension  in  a  southerly  and  westerly  direction  along  the  west  and 
south  border  of  Ellsworth  Park  to  station  31  -^  47  of  grantee,  thence 
northerly  on  the  North  Fork  bridge  to  the  north  line  of  the  North 
Fork  stream. 

(d)  From  station  31  -a-  47  of  grantee,  thence  northerly  and  west- 
erly in  the  highway  which  forms  the  easterly  and  southerly  extension 
of  Oak  wood  avenue  to  Oak  wood  avenue,  thence  westerly  in  Oak- 
wood  avenue  to  the  center  of  Third  street. 

(e)  From  the  center  of  Oakwood  avenue,  thence  south  in  Third 
street  to  the  center  of  Warrington  avenue,  thence  west  in  Warring- 
ton avenue  and  northerly  in  the  highway  at  the  west  end  of  Warring- 
ton avenue  to  station  88  -:-  96.7  of  grantee. 

(f)  From  the  center  of  Third  street,  thence  westerly  in  the  high- 
way, street  or  alley  which  adjoins  the  right-of-way  of  the  Peqria  and 
Eastern  Railway  Company,  on  the  south  thereof,  to  the  v-^estern 
limits  of  the  city  of  Danville.  Which  said  route,  streets,  highways, 
public  grounds  and  bridges  and  which  above  mentioned  stations 


346  SPECIAL   ORDINANCES 


of  grantee  are  shown  in  detail  1)>-  the  map  and  ]:)lat  thereof  hereto 
attaehed  marked  Exhibit  "A,"  and  made  part  of  the  above  descrip- 
tion being  the  Champaign  division  of  the  Hnes  of  grantee  as  the  same 
•now  exists  in  the  corporate  limits  of  the  City  of  Danville. 

1129.  §  2.  That  the  over-head  wires  may  be  supported  on  wires 
at  approximately  right  angles  to  the  street,  supported  by  poles, 
planted  in  the  sidewalk  on  the  inside  of  the  curb  line  of  any  such 
street  or  at  any  other  convenient  point  in  said  street,  alleys,  high- 
ways, bridges  and  public  grounds. 

1130.  §  3.  The  track,  or  tracks,  shall  be  constructed  in  con- 
formity with  the  surface  of  the  ground  existing  at  this  time,  and  as 
the  grades  may  be  hereafter  from  time  to  time  established ;  the  cross- 
ings, framework  and  superstructure  shall  be  imbedded  below  the  sur- 
face of  the  ground  and  it  shall  be  so  constructed  as  to  present  the 
least  interference  with  the  travel  and  public  use  of  said  street.  The 
track,  or  tracks,  shall  be  raised  in  such  manner  as  not  to  interfere 
with  the  free  flow  of  water  in  the  gutters  or  ditches  now  existing  or 
hereafter  built  by  said  city;  and  as  to  all  portions  of  said  street  now 
paved,  and  until  same  shall  be  paved,  as  hereinafter  provided. 
Grantee  shall  keep^the  rails  of  the  outside  track  and  for  the  space 
of  one  foot  on  the  outside  of  the  outside  rail,  level  with  the  surface 
of  the  street  and  in  good  condition,  so  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  said  track  at  any  and  all  points: 
Provided,  however,  that  said  rails  shall  be  laid  not  more  than  one- 
half  inch  above  the  grade  of  said  street. 

1131.  §  4.  That  the  track  shall  be  laid  in  the  center  of  said 
street  and  highway  as  to  that  portion  of  the  same  wherein  a  single 
track  is  used;  and  where  a  double  track  is  used,  each  track  shall  be 
as  near  the  center- line  of  said  street  and  highway  as  it  is  practicable 
to  place  the  same:  Provided,  however,  that  where  either  a  single  or 
double  track  now  exists  in  said  street,  highway,  bridges  or  public 
grounds,  same  in  its  present  location  shall  be  deemed  to  comply  with 
these  requirements. 

1132.  §  5.  That  all  poles  erected  in  said  street  shall  be  straight, 
smooth  and  shapely,  and  shall  be  kept  neatly  painted.-  Provided,  that 
said  poles  may  be  painted  black  for  a  distance  of  eight  feet  from  the 
surface  of  the  ground. 

1133.  §  6.  That  the  consent  and  authority  given  by  this  ordi- 
nance to  construct,  maintain  and  operate  said  electric  railway  as 
herein  provided,  is  upon  the  express  condition  that  said  grantee  shall 
pay  all  damages  to  owners  of  property  abutting  upon  said  street  or 
highway  or  over  which  said  electric  railway  is  to  be  constructed,  which 
they  may  sustain  by  reason  of  the  location  or  construction  of  said 
railway,  same  to  be  ascertained  and  paid  as  provided  by  law,  for  the 
exercise  of  the  right  of  eminent  domain,  and  grantee  shall  save  and 


SPECIAL    ORDINANCES  347 


keep  harmless  and  indemnify  said  owners  from  any  and  all  damages 
which  may  be  caused  by  the  location  or  construction  of  said  road. 

1134.  §  7.  That  if  at  any  time  hereafter  the  city  shall  improve 
any  of  the  streets,  highways  or  public  grounds  over  and  along  which 
this  franchise  is  granted,  by  paving  the  same,  then  said  grantee  shall 
at  the  same  time,  and  in  the  same  manner,  pave  and  improve  its 
right  of  way  at  its  own  expense  including  the  space  between  the  rails 
and  tracks,  and  also  the  space  of  one  foot  on  the  outside  of  the  outside 
rails  of  said  track  or  tracks. 

1135.  §  8.  That  the  grantee  shall  not,  at  any  time  run  cars 
through  or  unnecessarily  disturb  any  funeral  procession  or  public 
parade  in  said  street,  and  no  cars  should  be  run  upon  or  along  said 
street  at  any  greater  rate  of  speed  than  fifteen  miles  per  hour  within 
the  corporate  limits  of  said  city. 

1136.  §  9.  It  is  expressly  provided  that  grantee  shall  have  the 
right  and  privileges  following  as  to  its  railway  herein  provided  for, 
to-wit : 

(a)  To  operate,  or  permit  to  be  operated,  by  others,  as  many 
passenger  cars  as  it  may  deem  proper;  not  less,  however,  than  one  . 
every  half  hour  between  the  hours  of  six  a.  m.  and  six  p.  m.  every  day. 

(b)  To  transport  in  the  vestibule  of  any  such  passenger  cars  any 
mail  baggage,  express  matter  and  freight  in  packages  not  exceeding 
three  hundred  pounds. 

(c)  To  operate,  or  permit  to  be  operated  by  others,  special  cars 
for  the  transportation  of  mail  or  express  matter. 

(d)  To  operate,  or  permit  to  be  operated,  electric  locomotives 
and  cars  for  the  transportation  of  freight,  but  not  more  than  two 
freight  cars  in  any  one  train,  which  freight  may  consist  of  merchan- 
dise, cinders,  railway  construction  material,  or  any  other  ordinary 
freight  in  packages  not  exceeding  three  hundred  pounds  each :  And, 
provided,  further,  that  cinders  and  refuse  may  be  transported  from 
said  power  house  for  use  as  ballast  upon  the  roads  of  grantee  by  the 
shortest  existing  route  and  in  cars  designed  and  used  for  that  purpose, 
between  the  hours  of  six  p.  m.  and  six  a.  m.,  provided  that  said  cinders 
and  refuse  are  first  thoroughly  dampened. 

1137.  §  10.  It  is  expressly  provided  that  the  rights,  privilege 
and  franchise  herein  granted  do  not  take  away  from  grantee  any 
rights  heretofore  granted  by  the  City  to  the  Danville  Street  Railway 
and  Light  Company,  to  the  Danville,  Paxton  and  Northern  Railway 
Company,  or  to  the  Danville,  Urbana  and  Champaign  Railway  Com- 
pan}^  all  such  fonner  grants  being  in  full  force  and  effect. 

1138.  §  11.  It  is  expressly  provided  that  in  consideration  of  the 
grant  above  made  to  the  grantee,  the  fare  which  the  grantee  shall  be 


348  SPECIAL   ORDINANCES 


allowed  to  charge  for  carrying  one  single  passenger,  for  one  continu- 
ous passage  in  one  direction,  shall  be  five  cents  and  no  more,  over  the 
following  lines  and  between  the  following  termini,  in  either  direction, 
to- wit : 

1.  Between  any  two  points  on  the  line  of  the  grantee  within  the 
present  corporate  limits  of  the  City  of  Danville. 

2.  Between  any  two  points  on  the  line  of  the  Danville  Street  Rail- 
way and  Light  Company  within  the  present  corporate  limits  of  the 
City  of  Dan\-ille. 

3.  Between  any  point  on  the  lines  of  the  Danville  Street  Railway 
and  Light  Company  within  such  corporate  limits  and  any  point  on 
the  lines  of  the  grantee  within  such  corporate  limits. 

4.  Between  any  two  points  on  the  present  or  future  lines  of  the 
grantee,  of  the  Danville  Street  Railway  and  Light  Company,  and  of 
the  Danville  Paxton  and  Northern  Railway  Compan}'^  and  within 
the  territory  now  included  within  the  present  corporate  limits  of  the 
City  of  Danville,  the  village  of  Geniiantown  and  the  Village  of  Rose- 
lawn. 

In  order  to  make  this  tariff  of  rates  effectual  the  grantee  shall 
transfer,  and  shall  also  cause  the  Danville  Street  Railway  and 
Light  Company,  its  successors  and  assigns,  and  the  Danville,  Paxton 
and  Northern  Railway'  Company,  its  successors  and  assigns,  to  like- 
wise transfer  all  passengers  so  requesting  the  same  to  the  lines  and 
cars  of  the  other  and  to  issue  proper  transfer  slips  or  tickets  under 
such  proper  regulations  as  it  shall  provide,  entitling  each  such 
passenger  to  the  continuous  transportation  in  one  direction  as  above 
provided  at  the  rate  aforesaid.  It  is  the  intent  of  this  section  that 
each  passenger  for  one  single  five  cent  fare  shall  be  entitled  to  be 
transported  in  one  continuous  passage  in  one  direction  o^^er  the  lines 
of  an\^  or  all  of  the  above  mentioned  traction  corporations  between 
any  tVv'O  points  reached  by  the  present  or  future  lines  of  either  of 
them,  within  the  territory  now  inchided  within  the  present  corporate 
limits  of  the  City  of  Danville,  \^llage  of  Germantown  and  Village 
of  Roselawn. 

1139.  §  12.  This  ordinance  shall  be  in  full  force  and  efiect  from 
and  after  its  passage  and  approval  if  accepted  in  writing  within  five 
days  thereafter  by  the  grantee :  Provided,  however,  that  if  at  any  time 
after  this  ordinance  thus  becomes  effectiA'C,  the  grantee  or  the  Dan- 
ville Street  Railway  and  Light  Comijany,  its  successors  and  assigns, 
or  the  Danville  and  Northern  Railroad  Com]3any,  its  successors  and 
assigns,  shall  fail  or  refuse  to  carry  out  in  full  the  provisions  of  section 
11  for  a  period  of  thirty  consecutive  days,  then  in  that  event  at  the 
end  of  such  period  of  thirty  days  this  ordinance,  and  all  the  right. 


SPECIAL    ORDINANCEvS  349 


privileges  and  franchises  thereby  granted  to  grantee,  shall  become 
and  be  null  and  void  and  of  no  effect  whatever. 

Passed  Julv  18,  1906.     Approved  Julv  25,  1906.     Accepted  July 
25,  1906. 


An  Ordinance-  Authorizing  the  Danville,  Urbana  and  Champaign 
Railway  Company,  to  construct,  a  spur,  or  wye  track,  from  the 
main  line  of  said  company  into  the  property  of  the  Western 
Brick  Company. 

Whereas,  the  interest  of  the  City  of  Danville  and  the  general 
public  will  be  advanced  by  the  construction  of  a  spur  or  wye  track 
from  the  main  line  of  the  Danville,  Urbana  and  Champaign  Railway 
Company  into  the  property  of  the  Western  Brick  Company,  as  here- 
inafter provided  for;  and 

Whereas,  said  Danville,  Urbana  and  Champaign  Railway  Com- 
pany in  all  respects  has  complied  with  the  terms  and  requirements 
of  the  laws  and  statutes  of  the  vState  of  IlHnois,  with  respect  to  ob- 
taining the  express  right  and  authority  in  and  by  this  ordinance 
granted ; 

1140.  §  1.  Therefore,  Be  it  ordained  by  the  City  Council  of  the 
City  of  Danville,  Illinois :  That  the  right  and  authority  be,  and  the 
same  hereby  are  expressly  granted  to  said  Danville,  Urbana  and 
Champaign  Railway  Compan3%  its  successors,  lessees  and  assigns,  to 
construct,  maititain  and  operate  a  spur  or  wye  track  from  a  connec- 
tion with  the  main  line  of  said  company  approximately  two  hundred 
twenty-five  feet  (225)  east  of  the  easterly  line  of  Bridge  street  at  its 
intersection  with  Oakwood  avenue,  thence  in  a  generally  north- 
westerly direction  to  and  across  Bridge  street  to  the  property  of  the 
Western  Brick  Company  at  a  point  approximately  one  hundred 
and  seventy-five  ('175)  feet  northeasterly  of  the  intersection  of  the 
westerly  line  of  said  Bridge  street  with  the  northerly  line  of  said 
Oakwood  avenue,  together  with  all  necessary  and  suitable  switches, 
curves,  connections,  poles,  overhead  wires,  equipment  and  accessories 
for  the  proper  operation  of  said  spur  or  wye  track. 

1141.  §  2.  That  said  company  shall  so  construct  said  spur  track 
that  the  top  of  the  rails  of  the  same  shall  be  approximately  or  as 
nearly  as  practicable  flush  with  the  respective  grades  of  said  Oak- 
wood  avenue  and  Bridge  street  and  not  to  exceed  one-quarter  of  an 
inch  in  elevation  or  depression,  and  in  case  the  grade  of  either  of  said 
streets  be  changed,  the  said  company  shall  raise  or  lower  the  said 
track  so  that  the  top  of  the  rails  thereof  shall  be  approximately  or  as 
nearly  as  practicable  flush  with  the  grade  or  grades  of  said  street,  and 
not  to  exceed  one-quarter  of  an  inch  in  elevation  or  depression,  and 


350  SPECIAL    ORDINANCES 


shall  also  plank  the  space  between  the  rails  and  one  foot  on  the  outer 
side  thereof  from  its  main  track  to  the  point  where  the  said  spur 
track  intersects  the  easterly  line  of  Bridge  street,  and  shall  also  plank 
the  space  between  the  said  rails  and  one  foot  on  the  outer  side  thereof 
for  a  distance  of  twelve  feet  on  each  side  of  the  center  of  said  Bridge 
street,  and  shall  also  plank  the  space  between  said  rails  and  one  foot 
on  the  outside  thereof  the  width  of  the  sidewalks  on  each  side  of 
Bridge  street,  and  shall  also  place  a  twelve  inch  sewer  pipe  twenty 
feet  in  length  across  said  spur  track  on  the  westerly  side  of  Bridge 
street  at  such  place  as  may  be  designated  by  the  committee  on  streets 
and  alleys  of  said  City  of  Danville  or  its  City  Engineer. 

1142.  §  3.  That  the  said  company  shall,  during  the  term  here- 
inafter mentioned,  keep  said  planks  and  said  sewer  pipe  in  a  good 
and  safe  state  of  rejmir. 

1143.  §  4.  That  if  at  any  time  said  City  of  Danville  shall  im- 
prove either  of  said  streets  upon  or  across  which  said  spur  track  is 
located,  said  company,  its  successors  or  assigns,  shall  at  the  same 
time,  and  in  the  samiC  manner,  pave  and  improve  the  space  between 
the  rails  of  said  track  and  the  space  of  one  foot  on  the  outside  of  each 
rail :  Provided,  however,  said  company,  its  successors  or  assigns  shall 
have  the  right  to  use  paving  brick  instead  of  such  other  paving 
material  as  shall  be  used  by  said  City  of  Danville. 

1144.  §  5.  That  the  right  and  authority  herein  and  hereby 
granted  shall  extend  for  and  during  the  term  of  twenty-five  vears 
until  the  25th  day  of  July,  1936. 

1145.  §  6.  That  within  thirty  days  from  date  of  the  final  pass- 
age and  approval  of  this  ordinance  said  company,  its  successors  or 
assigns,  shall  file  with  the  city  clerk  of  said  city  its  Vs'ritten  acceptance 
of  the  terms  and  provisions  thereof. 

§  7.  That  this  ordinance  shall  be  in  full  force  from  and  after  its 
final  passage  and  acceptance  by  said  company,  its  successors,  lessees 
or  assigns. 

.  Passed  March  28,  1911.  Approved  March  29,  1911.  Accepted 
April  6,  1911. 


An  Ordinance-  Granting  a  franchise  to  the  Danville,  Urbana  and 
Champaign  Railway  Company  in  South  Danville. 

Whereas,  on  July  6,  1903,  the  Village  of  South  Danville  in  the 
County  of  Vermilion  and  State  of  Illinois,  passed,  approved  and 
adopted  a  certain  ordinance,  entitled  "An  ordinance  authorizing  the 
construction,  maintenance,  and  operation  by  the  Danville,  Urbana, 
and  Champaign  Railway  Compan}^  its  successors  and  assigns,  of  an 


i 


SPECIAL    ORDINANCES  351 


electric  railway  upon  and  along  the  streets  and  highways  known  as 
Main  Street  in  the  Village  of  South  Danville; 

And  Whereas,  on  the  17th  day  of  July,  1903,  said  Village  of  South 
Danville  passed,  approved  and  adopted  a  certain  other  ordinance 
amendatory  thereto,  and  entitled, 

"An  ordinance  amending  an  ordinance  entitled  "An  ordinance 
authorizing  the  construction,  maintenance,  and  operation  by  Dan- 
ville, Urbana,  and  Champaign  Railway  Co.,  its  successors  and  assigns, 
of  an  electric  railway  upon  and  along  the  street  and  highway  known  as 
Main  street  in  Village  of  South  Danville,"  passed  and  approved 
July  6,  1903, 

In  and  by  which  said  ordinances  said  Village  of  South  Danville 
gave  and  granted  to  said  the  Danville,  Urbana  and  Champaign  Rail- 
way Company,  its  successors  and  assigns  (therein  and  herein  col- 
lectively designated  as  "Grantee")  the  right,  privilege  and  franchise 
to  construct,  maintain  and  operate  its  railway  over  and  upon  and 
along  the  certain  streets,  then  known  as  Main  street,  in  said  village, 
from  the  northern  corporate  limits  of  said  village  (the  north  line  of 
Bluff  street)  to  the  southern  corporate  limits  of  said  village,  in  the 
certain  manner  and  upon  the  certain  terms  and  conditions  set  forth 
in  said  ordinances,  which  ordinances  are  hereby  referred  to  for  the 
greater  certainty;  and 

Whereas,  said  grantee  has,  in  all  respects,  complied  with  the  terms 
and  conditions  of  said  ordinances  up  to  this  time,  and  said  ordinances 
are  in  full  force  and  effect;  and 

Whereas,  the  territory  of  what  was  then  the  Village  of  South 
Danville  including  the  said  streets  known  as  Main  street  therein, 
was,  in  the  year  1906,  heretofore  duly  and  legally  annexed  to  and 
now  is  a  part  of  the  said  City  of  Danville, 

1146.  §  1.  Now,  THEREFORE,  Be  it  Ordained  by  the  City  Coun- 
cil of  the  City  of  Danville,  in  manner  following,  to-wit:  'That  the 
above  entitled  ordinances,  which  were  in  force  in  the  said  Village 
of  South  Danville,  at  the  time  of  the  annexation  to  the  City  of  Dan- 
ville, be  and  they  hereby  are,  in  all  respects,  approved,  ratified,  con- 
firmed and  adopted  by  the  City  of  Danville. 

1147.  §  2.  Grantee  shall  on  or  before  January  1,  1907,  per- 
manently abandon  the  use  of  the  Gilbert  street  bridge,  and  of  Gil- 
bert street,  from  Main  street  to  the  north  end  of  said  bridge,  and  of 
the  highway  (Gilbert  street  extended),  which  extends  from  the  south 
end  of  said  bridge  to  the  north  line  of  Bluff  street.  Grantee  shall  on 
or  before  said  date,  remove  its  rails  and  ties  from  said  street  and 
highway  and  shall  replace  the  pavement  where  said  tiles  and  rails 
are  so  removed,  in  the  same  general  condition  as  the  adjacent  pave- 
ment.    Grantee  shall  also,  on  or  before  said  date,  remove  its  rails, 


352  SPECIAL    ORDINANCES 


ties  and  property  from  the  said  brid^T.  Before  abandoning  said 
bridge,  the  grantee  shall  also  place  a  new  floor  therein  of  the  same 
material  as  the  present  floor  and  that  thereafter  the  grantee  shall  be 
excused  and  released  from  any  further  duty  or  obligation  with 
reference  to  said  street,  or  to  said  highway,  or  to  said  bridge,  and 
all  the  rights,  privileges  and  franchises  of  grantee,  granted  to  it  by 
the  City  of  Danville,  County  of  Vermilion,  or  the  town  authorities 
of  Danville  township,  with  reference  to  said  stieet,  or  said  highway, 
or  said  bridge,  shall  be  thereupon  thereafter  null  and  void  and  of  no 
effect  whatever. 

1148.  §  3.  That  the  grantee  intends  (in  lieu  of  said  abandoned 
street,  .highway  and  bridge)  to  construct,  maintain  and  operate 
its  line  of  railway  on  its  own  bridge,  and  on  private  riglit-of-way, 
from  a  j.ioint  in  said  Main  street  in  what  was  formerly  South  Dan- 
ville, near  the  south  line  of  Bluff  street,  to  some  point  or  points  north 
of  Water  street,  and  south  of  Main  street,  in  the  Cit}-  of  Danville. 
The  right,  privilege  and  franchise  is  hereby  given  and  granted  to  the 
grantee  to  cross  with  its  said  line  of  railway  described  in  this  section, 
at  grade,  the  streets  and  alleys,  which  its  said  line  intersects  between 
the  points  aforesaid,  namely  Main  street,  in  what  was  formerly 
South  Danville;  Bluff  street,  Water  street,  Walnut  street,  and  the 
allc}'  parallel  to  and  next  west  of  Vermilion  street  substantially 
shown  by  Exhibit  "A." 

1149.  §  4.  It  is  expressly  provided  that,  in  consideration  of  the 
grants  above  made  to  the  grantee,  the  fare  which  the  grantee  shall  be 
allowed  to  charge  for  carr^ang  one  single  passenger,  for  one  continu- 
ous passage,  in  one  direction,  shall  be  five  cents,  and  no  more,  over 
the  following  lines,  and  between  the  following  termini,  in  either  direc- 
tion, to-wit: 

1.  Between  any  two  points  on  the  lines  of  grantee  within  the 
present  corporate  limits  of  the  City  of  Danville. 

2.  Between  any  two  points  on  the  line  of  the  Danville  Street 
Railway  and  Light  Company  within  the  present  corporate  limits  of 
the  City  of  Danville. 

3.  Between  any  point  on  the  line  of  the  Danville  Street  Railway 
and  Light  Company  within  stich  corporate  limits,  and  any  point  on 
the  lines  of  the  grantee  within  such  corporate  limits. 

-t.  Between  any  two  points  on  the  present  or  future  lines  of  the 
grantee,  of  the  Danville  Street  Railway  and  Light  Company,  and 
of  the  Danville  and  Northern  Railway  Company  within  the  territory 
now  included  in  the  present  corporate  limits  of  the  city  of  Danville, 
the  Village  of  Germantown  and  the  Village  of  Roselawn. 

In  order  to  make  the  tariff  of  rates  effectual,  the  grantee  shall 
transfer,  and  shall  also  cause  the  Danville  Street  Railway  and  Light 


SPECIAL    ORDINANCES  353 


Company,  its  successors  and  assigns,  and  the  Danville  and  Northern 
Railway  Compan^^  its  successors  and  assigns,  to  likewise  transfer 
all  passengers,  so  requesting  the  same,  to  the  lines  and  cars  of  the 
other,  and  to  issue  proper  transfer  slips  or  tickets,  under  such  proper 
regulations  as  it  shall  provide  entitling  each  such  passenger  to  the 
continuous  transportation  in  one  direction  above  provided  at  the 
rate  aforesaid.  It  is  the  intent  of  this  section  that  each  passenger 
for  one  single  five  cent  fare  shall  be  entitled  to  be  transported  in  one 
continuous  passage  in  one  direction,  over  the  lines  of  any  or  all  of 
the  above  mentioned  traction  corporations  between  any  two  points 
reached  by  the  present  or  future  lines  of  either  of  them,  within  the 
territory  now  included  within  the  present  corporate  limits  of  the  City 
of  Danville,  Village  of  Germantown  and  Village  of  Roselawn. 

1150.  §  5.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval,  if  accepted,  in  writing  within  five 
days  thereafter  by  the  grantee :  Provided,  however,  that  if  at  any  time 
after  this  ordinance  thus  becomes  effective,  the  grantee,  or  the  Dan- 
ville Street  Railway  and  Light  Company,  its  successors  and  assigns, 
or  the  Danville  and  Northern  Railroad  Company,  its  successors  and 
assigns,  shall  fail  or  refuse  to  carry  out  in  full,  the  provisions  of  sec- 
tion four  for  a  period  of  thirty  consecutive  days,  then  in  that  event, 
at  the  end  of  such  period  of  thirty  days,  this  ordinance  and  all  the 
right,  privilege  and  franchises  thereby  granted  the  grantee  shall  be- 
come and  be  null  and  void  and  of  no  eft'ect  whatever. 

Passed  July  18,  1906.  Approved  Julv  25,  1906.  Accepted  July 
18,  1906. 


An  Ordinance — Granting  a  franchise  to  the  Danville  and  South- 
eastern Railway  Company,  upon  certain  streets,  and  high- 
ways, from  the  south  line  of  the  Public  Souare  to  a  point  in  the 
Perrysville  Road  approximately  thirty -eight  hundred  feet  from 
the  west  line  of  Buchanan  street. 

Whereas,  it  appears  that  the  Danville  and  Southeastern  Railway 
Company,  a  railway  corporation  duly  organized  and  existing  under 
and  by  virtue  of  the  laws  of  the  State  of  Illinois,  has,  in  all  things, 
complied  with  the  terms  and  requirements  of  the  law  with  reference 
to  obtaining  from  the  city  the  right,  privilege  and  franchise  to  con- 
struct, lease,  maintain,  operate  and  use  a  railway  at  the  points  and 
places  hereinafter  particularly  described;  and 

Whereas,  the  said  Danville  and  Southeastern  Railway  Company 
has  filed  its  petition  therefor,  accompanied  by  a  similar  petition,  of  a 
majority  of  the  property  owners  representing  a  majority  of  frontage 
in  each  of  the  streets  hereinafter  named  and  in  each  mile  of  the  route 
thereby  covered; 


354  SPECIAL    ORDINANCES 


1151.  §  1.  Now,  THEREFORE,  Be  it  Ordained  by  the  City  Coun- 
cil of  the  City  of  Danville,  in  the  manner  following,  to-wit:  That 
the  right,  privilege  and  franchise  be,  and  the  same  is  hereby  given 
and  granted  to  the  Danville  and  Southeastern  Railway  Company, 
its  successors  and  assigns  (hereinafter  collectively  designated  as 
"grantee"),  for  and  during  the  period  of  thirty  years  from  and 
after  the  date  of  the  passage  and  approval  of  this  ordinance, 
to  construct,  lease,  maintain,  operate  and  use  a  railway  to  be 
operated  by  electricity  or  by  any  other  proper  motive  power, 
except  steam  locomotive,  together  with  sidings,  turn  outs,  spurs, 
curves  and  connections;  poles  and  wires  necessary  and  convenient 
equipment,  appliances,  accessories  and  appurtenances  for  said  rail- 
way; and  to  construct  and  maintain  conduits,  man-holes,  surface 
plates  and  sewer  connections  beneath  the  surface  of  the  ground, 
together  with  all  other  necessary  incidental  and  convenient  equip- 
ment, appliances  and  appurtenances  for  said  railway,  from  the 
south  line  of  the  Public  Square  in  the  City  of  Danville  to  a  point  in 
the  Perrysville  Road,  approximately  thirty-eight  hundred  (3800) 
feet  from  the  west  line  of  Buchanan  street,  by  and  along  the  route 
and  upon,  over  and  along  the  certain  streets,  alleys,  highways,  public 
square,  bridges  and  public  grounds,  as  follows,  to-wit: 

(a)  From  the  sotith  line  of  the  public  square,  connecting  with  the 
track  of  the  Danville,  Urbana  and  Champaign  Railwa}^  Company, 
thence  curving  northeasterly  to  the  east  line  of  said  public  square. 

(b)  In  Main  street  from  the  east  line  of  the  public  square  to  the 
east  line  of  Park  street  and  across  all  intersecting  streets  and  public 
places. 

(c)  In  Park  street  from  the  north  line  of  Main 'street  to  the  south 
line  of  Bryan  avenue,  and  across  all  intersecting  streets  and  public 
places. 

(d)  In  Bryan  avenue  from  the  west  line  of  Park  street  to  the  east 
line  of  Buchanan  street,  and  across  all  intersecting  streets  and  public 
places. 

(e)  In  Buchanan  street  from  the  north  line  of  Bryan  avenue  to 
the  south  line  of  the  intersection  or  juncture  of  the  Perrysville  road, 
and  across  all  intersecting  streets  and  public  places. 

(f)  In  the  Perrysville  road  from  the  west  line  of  Buchanan  street, 
approximately  thirty-eight  hundred  (3800)  feet. 

1152.  §  2.  That  trolley  wires  may  be  supported  on  wire  at  ap- 
proximately right  angles  to  the  street  supported  by  poles  planted  in 
the  side  walk  on  the  inside  of  and  adjoining  the  curb  line  of  any  such 
street,  or  at  any  other  convenient  point  in  said  streets,  alleys,  high- 
ways, bridges  and  public  grounds. 

1153.  §  3.     That  the  track  shall  be   constructed  in  conformity 


SPECIAL   ORDINANCES  355 


with  the  surface  of  the  ground  existing  at  this  time  and  as  the  grades 
may  be  thereafter,  from  time  to  time  estabhshed.  The  crossings, 
frame  work,  and  superstructures  shall  be  imbedded  below  the  surface 
of  the  ground  and  shall  be  so  constructed  as  to  present  the  least 
possible  interference  with  the  travel  and  public  use  of  said  streets. 
The  track  or  tracks,  shall  be  raised  in  such  a  manner  as  not  to  inter- 
fere with  the  free  flow  of  water  in  the  gutters  or  ditches  now  existing 
or  hereafter  built  by  said  city ;  and  as  to  all  portions  of  said  street  not 
now  paved,  and  until  the  same  shall  be  paved,  as  hereinafter  provided, 
grantee  shall  keep  the  rails  of  the  outside  track,  and  for  the  space  of 
one  foot  on  the  outside  of  the  outside  rail,  level  with  the  curbing  of 
the  street,  and  in  good  condition  so  that  carriages  and  other  vehicles 
can  easily  and  freely  cross  said  tracks  at  any  and  all  points :  Provided, 
however,  that  said  rails  may  be  laid  not  more  than  one-half  inch 
above  the  grade  of  said  street. 

1154.  §  4.  In  all  cases  of  dispute  as  to  the  proper  condition  or 
repair  of  any  such  track,  or  tracks,  the  decision  of  the  Mayor,  City 
Engineer  and  the.  Committee  on  vStreets  and  Alleys  in  said  City  shall 
be  final  and  conclusive.  In  case  grantee  shall  fail  to  make  all  repairs 
of  such  track  or  tracks  within  ten  days  after  written  notice  shall  have 
been  served  upon  any  ofificer  of  the  grantee,  then  the  said  City  of 
Danville  may  make  such  repairs  and  charge  the  cost  thereof  upon  the 
property  and  franchise  of  grantee.  Within  four  months  after  the 
completion  of  the  line  of  railway  in  the  Perrysvillc  Road  as  herein 
authorized,  grantee  shall  cause  to  be  widened  the  grade  of  the  road- 
way in  said  Perrysville  road  on  which  it  is  constructed,  at  its  own 
cost  and  expense,  so  that  the  space  on  each  side  of  the  outside  rail 
of  its  track  or  tracks,  at  any  given  point  of  said  highway,  shall  be  at 
least  ten  feet  in  width.  The  material  to  be  used  for  such  widening 
shall  be  such  as  the  grantee  may  desire  to  use,  except  that  the  top 
thereof  shall  consist  of  a  good  quality  of  gravel  at  least  six  inches  in 
thickness:  And,  provided,  further,  that  grantee  shall,  at  its  own 
cost  and  expense,  lengthen  all  culverts  on  said  street,  so  that  the  same 
shall  be  at  least  thirty-five  feet  in  length. 

1155.  §  5.  That  the  tracks  shall  be  laid  in  the  center  of  said 
street  and  highway  as  to  that  portion  of  the  same  wherein  a  single 
track  is  used ;  and  where  a  double  track  is  used  each  track  shall  be  as 
near  the  center  line  of  said  streets  and  highways  as  it  is  practicable  to 
place  same :  Provided,  however,  that  where  either  a  single  or  double 
track  now  exists  in  said  street,  highways,  bridges  or  public  grounds, 
the  same,  in  its  present  location,  shall  be  deemed  to  comply  with  these 
reciuirements :  And,  provided,  further,  that  this  provision  shall  not 
apply  to  curved  tracks  in  the  Public  Square. 

1156.  .  §  6.  .That  all  poles  erected  in  said  street  shall  be  straight, 
smooth  and  shapely  and  shall  be  kept  neatly  painted,  provided  that 


356  SPECIAL   ORDINANCES 


said  poles  may  be  painted  hltick  for  a  distance  of  ei^'ht  feet  from  the 
surface  of  the  ground. 

1157.  §  7.  That  the  consent  and  authority  given  by  this  ordi- 
nance to  construct,  lease,  maintain,  operate  and  use  said  railway  as 
herein  i)rovided,  is  upon  the  express  condition  that  grantee  shall  pay 
all  damages  to  owners  of  property  abutting  upon  said  streets  or  high- 
ways, or  over  which  said  railway  is  to  be  constructed,  which  they  may 
sustain  by  reason  of  the  location  or  construction  of  said  railway,  the 
same  to  be  ascertained  and  paid  as  provided  by  law  for  the  exercise 
of  the  right  of  eminent  domain,  and  grantee  shall  save  and  keep  harm- 
less, and  indemnify  said  owners  from  any  and  all  damages  that  may 
be  caused  by  the  location  or  construction  of  said  railway.  And  gran- 
tee shall  also  save  and  keep  harmless  said  City  of  Danville  from  all 
damages  which  may  be  caused  by  reason  of  the  location  or  construc- 
tion of  said  road. 

.1158.  §  8.  That  if,  at  any  time,  hereafter,  the  city  shall  improve 
any  of  the  streets,  highways  or  public  grounds  over,  upon  and  along 
which  this  franchise  is  granted  by  paving  the  same,  then  grantee 
shall,  at  the  same  time  and  in  the  same  manner,  pave  and  improve 
at  its  own  expense,  its  right  of  way,  including  the  space  between  the 
rails  and  track,  and  also  a  space  of  one  foot  on  the  outside  of  the 
outside  rails  of  said  track  or  tracks.  That  when  grantee  shall  con- 
struct said  railway  on  that  portion  of  any  of  the  streets  herein  men- 
tioned, which  portion  is  now  paved,  and  not  rebated  by  any  other 
company,  it  shall  pay  to  those  who  are  the  respective  owners  of  the 
property  abutting  on  said  portion  of  said  street,  unless  heretofore 
or  hereafter  paid  by  the  Danville  Street  Railway  and  Light  Com- 
pany under  franchise  ordinances  heretofore  or  hereafter,  granted  to 
the  last  named  company,  at  the  time  of  such  construction,  an  amount 
equal  to  the  original  cost  of  paving  said  right-of-way  between  its 
tracks  and  between  its  rails  and  for  one  foot  on  each  side  thereof  in 
proportion  to  the  respective  frontage  owned  by  said  respective  own- 
ers. And  on  all  streets  covered  by  this  franchise,  now  paved,  or 
hereafter  paved,  the  grantee  shall,  at  its  own  sole  cost  and  expense, 
keep  and  maintain,  except  as  may  be  done  by  the  Danville  Street 
Railway  and  Light  Company,  its  successors  or  assigns,  the  pa\4ng 
between  its  .tracks,  and  between  its  rails  and  for  one  foot  on  the  out- 
side thereof  in  as  good  a  condition,  by  repair  or  re-paving,  as  adja- 
cent paving  in  such  street  on  each  side  thereof. 

1159.  §  9.  That  the  grantee  shall  not,  at  any  time,  run  cars 
through  or  unnecessarily  disturb  any  funeral  procession,  or  public 
parade,  in  said  street,  and  that  no  cars  shall  be  run  along  or  upon  said 
street  at  any  greater  rate  of  speed  than  ten  miles  per  hour,  within  the 
fire  limits  of  said  city,  and  fifteen  miles  per  hour  outside  of  said  fire 
limits,  and  inside  of  the  corporate  limits  of  said  city.     That  grantee 


SPECIAL   ORDINANCES  357 


shall  operate,  or  cause  to  be  operated,  by  the  Danville  Street  Rail- 
way and  Light  Company,  its  successors  and  assigns,  or  others,  over 
the  route  from  the  Public  Square  to  the  south  line  of  Douglas  avenue, 
extended,  which  said  route  and  line  is  hereafter  designated  and  re- 
ferred to  as  route  "A,"  at  least  one  passenger  car  each  twenty  minutes 
between  the  hours  of  six  a.  m.  and  10:30  p.  m.  on  each- day.  That 
grantee  shall  likewise  operate,  or  cause  to  be  operated,  by  the  Dan- 
ville Street  Railway  and  Light  Company,  its  successors  and  assigns, 
or  others,  over  the  route  from  the  south  line  of  Douglas  avenue  ex- 
tended to  the  terminus  of  the  line  described  in  paragraph  "F"  of 
section  1,  being  approximately  thirty-eight  hundred  (3800)  feet  dis- 
tant from  the  west  line  of  Buchanan  street  in  the  Perrysville  road, 
and  which  said  last  named  route  is  hereinafter  referred  to  and  desig- 
nated as  route  "B,"  at  least  one  passenger  car  each  thirty  minutes 
between  .the  hours  of  six  a.  m.  and  10:30  p.  m.  on  each  day. 

In  case  grantee  shall  wilfully  violate  any  of  the  provisions  of  this 
section  9,  it  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars 
nor  more  than  twenty  dollars  for  each  day  that  such  offense  shall  con- 
tinue after  notice  in  writing  shall  have  been  served  upon  said  com- 
pan3^  to  be  recovered  by  said  city  in  any  court  of  competent  juris- 
diction :  Provided,  however,  that  this  penalty  shall  not  apply  to  any 
violation  or  omission  caused  by  strikes,  accidents  or  any  causes  over 
which  the  grantee  has  no  control. 

1160.  §  10.  It  is  expressly  provided  that  grantee  shall  have  the 
rights  and  privileges  following  as  to  its  railway  herein  provided  for, 
to-wit : 

(a)  To  operate,  or  cause  or  permit  to  be  operated  by  others,  as 
many  passenger  ears  as  it  may  deem  proper,  all  of  which  ears  shall  be 
provided  with  a  vestibule  for  the  protection  of  the  operators  thereof. 

(b)  To  transport  in  the  vestibule  of  any  such  passenger  cars,  any 
mail,  baggage,  express  matter  or  freight  in  packages  not  exceeding 
three  hundred   (300)   pounds. 

(c)  To  operate,  or  permit  to  be  operated  by  others,  special  cars 
for  the  transportation  of  mail  or  express  matter. 

(d)  To  operate  or  permit  to  be  operated,  electric  locomotives  and 
cars  for  the  transportation  of  freight,  but  not  more  than  two  freight 
cars  in  any  one  train  which  freight  may  consist  of  merchandise, 
cinders,  railway  construction  materials  or  any  other  ordinary  freight 
in  packages  not  exceeding  three  hundred  (300)  pounds  each:  And, 
provided,  further,  that  cinders  and  refuse  may  be  transported  from 
the  power  house  for  use  as  ballast  upon  the  roads  of  grantee  by  the 
shortest  existing  route  and  in  cars  designed  and  used  for  that  purpose 
between  the  hours  of  six  p.  m.  and  six  a.  m.  provided  said  cinders 
and  refuse  are  first  thoroughly  dampened. 


358  SPECIAL   ORDINANCES 


1161.  §  11.  The  Danville  Street  Railway  and  Light  Company 
has,  at  this  time,  a  line  of  rails,  together  with  poles  and  overhead  wires, 
and  all  appurtenances,  which  line  is  now  used  and  operated  by  it, 
upon,  over  and  along  certain  of  the  streets  above  described,  namely: 
The  streets  described  in  paragraph  "A,"  "B,"  "C,"  "D"  and  "E"  of 
section  1  (except  that  part  of  Buchanan  street  lying  south  of  the 
north  line  of  Douglas  avenue  extended),  which  said  line  is  desig- 
nated as  route  "A."  The  Danville  Street  Railway  and  Light  Com- 
pany contemplated  (by  permission  in  that  behalf  obtained  from  the 
City  of  Danville)  the  construction,  maintenance  and  use  by  it,  in  the 
future,  of  an  additional  line  of  rails,  together  with  poles  and  over- 
head wires  and  all  appurtenances  to  be  constructed,  maintained  and 
used  upon,  over  and  along  certain  streets  above  described,  namely: 
That  portion  of  the  street  described  in  paragraph  "E"  which  Hes 
south  of  the  north  line  of  Douglas  avenue  extended,  and  the  street 
described  in  paragraph  "F"  of  section  1,  which  said  last  named  line 
is  .designated  as  route  "B."  It  is  provided  that  grantee  shall,  by 
contract  with  the  Danville  Street  Railway  and  Light  Company,  use 
the  said  tracks,  poles  and  overhead  wires  and  appurtenances  of  said 
Danville  Street  Railway  and  Light  Company  as  they  now  exist  in 
route  "A,"  or  as  they  may  be  hereafter  constructed  in  route  "B," 
or  as  they  may  hereafter  be  renewed  on  either  of  said  routes  by  said 
Danville  Street  Railway  and  Light  Company.  That  if  the  rights 
and  franchises  of  the  Danville  Street  Railway  and  Light  Compam- 
in  said  streets  and  Public  Square,  either  as  to  route  "A"  or  route 
"B"  should  cease  before  the  expiration  of  said  thirty  years,  then, 
for  the  remainder  of  said  thirty  years  after  said  cessation,  grantee 
shall  construct,  maintain  and  operate  its  own  line  in  all  respects  as 
though  said  line  had  been  originally  constructed  by  the  grantee: 
And,  provided  Jurther ,  that  nothing  herein  contained  shall  be  construed 
as  enlarging  or  diminishing  in  any  way  the  rights  of  said  Danville 
Street  Railway  and  Light  Company  in  said  existing  or  future  tracks, 
poles,  overhead  wires  and  appurtenances,  it  being  expressly  provided 
that  all  former  grants  heretofore  made  to  said  Danville  Street  Rail- 
way and  Light  Company,  and  all  future  grants  hereafter  made  to  it, 
shall  be  and  remain  in  full  force  and  effect  and  not  in  any  way  changed 
by  the  provisions  of  this  ordinance. 

1162.  §  12.  It  is  expressly  provided  that  in  consideration  of  the 
grants  above  made  to  the  grantee,  the  fare  which  the  grantee  shall  be 
allowed  to  charge  for  carrying  passengers,  commencing  and  ending 
passage  within  the  city  limits  of  Danville,  and  all  of  the  provisions 
with  reference  to  the  same,  to  transfers,  shall  be  the  same  as  imposed 
by  the  ordinances  of  the  City  of  Danville  upon  the  Danville  Street 
Railway  and  Light  Company  upon  and  along  the  route  above  ihen- 
tioncd. 

1163.  §  IvS.     This  ordinance  shall  be  in  full  force  and  effect  from 


SPECIAL    ORDINANCES  359" 


and  after  its  passage,  if  grantee  shall  within  sixty  days  hereafter  file 
with  the  city  clerk  its  acceptance  in  writing  of  the  terms  and  pro- 
visions of  this  ordinance.  • 

Passed  June  15th,  A.  D.  1908.     Approved  June  22nd,  A.  D.  1908. 
Accepted  Jtily  13th,  1908. 


An  Ordinance — Opening  Harrison  street  across  the  right-of-way  of 
the  Chicago  and  Eastern  Illinois  Railroad  Company;  and  re- 
moving the  posts  in  the  center  of  Collett  street. 

Whereas,  the  city  council  of  the  City  of  Danville  is  desirous  that 
the  present  bridge  of  the  Chicago  &  Eastern  Illinois  Railroad  Com- 
pany over  Collett  street,  now  supported  by  posts  in  the  center  of  the 
street,  be  removed  and  replaced  by  a  one-span  bridge  from  curb  to 
curb  with  no  posts  in  the 'center,  and  are  also  desirous  that  Harrison 
street  be  opened  across  the  right-of-way  of  the  Chicago  &  Eastern 
Illinois  P.ailroad  Comipany  and  bridged  overhead;  and 

Whereas,  said  Harrison  street  was  never  platted  or  opened  across 
said  right-of-way,  and  right  of  travel  across  said  right-of-way  on. 
said  street  is  now  confined  to  a  narrow  passageway  between  piling, 
and  is  only  a  way  by  sufferance,-  and  the  opening  of  said  street  by 
condemnation  proceedings,  or  proceedings  under  the  acts  in  relation 
to  eminent  domain  would  be  expensive  to  the  city,  and  would  delay 
the  opening  of  said  street  and  retard  improvements  proposed  to  be 
made  by  said  Railroad  Company;  and 

Whereas,  said  Chicago  &  Eastern  Illinois  Railroad  Company,  in 
consideration  of  being  allowed  to  construct  and  maintain  bridges 
across  said  Collett  street  and  Harrison  street  in  the  manner  herein- 
after set  forth,  is  ready  and  willing  to  dedicate  and  open  said  Harrison 
street  across  its  right-of-way,  and  is  ready  and  willing  to  remove  the 
present  bridge  across  Collett  street,  and  the  posts  supporting  the 
same  in  the  center  of  the  street,  and  to  replace  the  same  by  a  single 
span,  supported  on  posts  at  the  curb  line,  with  short  spans  extending 
from  each  curb  line  to  the  property  line,  and  supported  by  posts  at  or 
near  the  outer  sidewalk  line  and  at  the  property  line;  and  is  ready 
and  willing  to  construct  an  overhead  bridge  across  Harrison  street, 
giving  a  roadway  about  twenty-seven  feet  in  width,  supported  by 
posts  placed  just  inside  the  curb  line,  and  it  is  for  the  best  interests  of 
the  city  that  said  proposition  be  accepted ; 

1164.  §  1.  Therefore,  Be  it  ordained  by  the  City  Council  of 
the  City  of  Danville,  That  in  consideration  of  the  Chicago  & 
Eastern  Illinois  Railroad  Company  opening  and  dedicating  Har- 
rison street  across  its  right-of-way  for  the  width  of  fifty-three 
feet   and  six   inches   on   the   center   line,    and   bridging    the    same. 


360  SPECIAL   ORDINANCES 


with  an  overhead  bridge  so  as  to  give,  a  roadway  between 
cui'b  lines  of  about  twenty-seven  feet  in  width,  and  removing 
the  posts  from  the  center  of  the  street  under  Collett  street 
bridge,  said  Chicago  &  Eastern  Illinois  Railroad  Company,  and 
its  successors  and  assigns,  be  and  hereby  is  authorized  to  con- 
struct and  maintain  across  Collett  street'  from  curb  to  curb,  a 
single  span  overhead  bridge  su^jported  upon  four  posts  at  each  curb 
line,  with  short  spans  at  each  end  extending  from  said  main  span  to 
the  property  line,  supported  at  or  near  the  outer  walk  line  by  iron 
posts  braced  to  the  main  span  post,  and  with  posts,  or  stone  pillars 
at  the  property  lines,  and  as  temporary  supports  for  each  of  said 
short  spans,  may  maintain  the  present  stone  pillars,  with  sidewalk 
in  the  eight-foot  space  behind  them  and  between  them  and  the 
property  line. 

1165.  5^  2.  In  consideration  of  the  above,  the  said  Chicago  & 
Eastern  Illinois  Railroad  Company,  its  successors  and  assigns,  shall 
also  have  the  right  to  construct  and  forever  maintain  an  overhead 
bridge  across  Harrison  street  so  dedicated  and  opened  from  property 
line  to  property  line,  with  iron  or  steel  posts  or  pillars  to  supi^ort  the 
same  at  or  near  the  curb  line  in  said  Harrison  street. 

1166.  §  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Passed  January  25,  1906.     Approved  February  1,  1906. 


An  Ordinance—  With  reference  to  the  opening  of  Van  Buren  street 
across  the  right-of-way  of  the  Wabash  Railroad  Company. 

Whereas,  the  Wabash  Railroad  Company  has  made  a  proposition 
to  the  City  of  Danville  which  said  proposition  is  in  the  words  and 
figures  following: 

This  Indenture  niade  and  entered  into  this  30th  day  of  March, 
A.  D.,  1909,  by  and  between  the  Wabash  Railroad  Company,  a 
a  corporation,  as  grantor,  and  the  City  of  Danville,  a  Municipal 
Corporation  of  the  vState  of  Illinois,  witncsseth,  that   . 

Whereas,  a  certain  street  known  as  "Van  Buren"  street,  in  the 
said  City  of  Danville,  is  now  opened,  paved  and  in  use  as  and  for  a 
public  street,  up  to  the  right-of-way  of  the  Wabash  Railroad  Com- 
pany, both  on  the  east  and  west  side  thereof,  but  is  not  now  opened 
or  used  by  the  public  at  any  point  within  the  outside  lines  of  said 
right-of-way;  and 

Whereas,  the  said  City  of  Danville  desires  to  have  opened  for  the 
use  of  the  public,  the  lands  of  the  Wabash  Railroad  Company  within 
the  boundary  lines  of  the  right-of-way  of  said  Wabash  Railroad  Com- 


SPECIAL    ORDINANCES  361 


pany  at  the  place  where  the  same  intersects  the  street  lines  of  Van 
Buren  street,  as  extended  across  said  right-of-way;  and 

Whereas,  the  opening  of  said  lands  for  the  use  of  the  public  by 
the  Wabash  Railroad  Company,  will  cause  great  damage  to  the  said 
Railroad  Company,  in  this,  to-wit,  that  it  will  destroy  the  reasonable 
exercise  of  the  use  to  the  Wabash  Railroad  Company  of  its  passenger 
depot,  and  grounds,  located  in  the  said  City  of  Danville,  and  situated 
immediately  west  of  the  lands  referred  to,  unless  and  except  that  the 
said  City  of  Danville  shall  at  all  times  fully  and  faithfully  perform 
all  and  singular  the  conditions  hereinafter  stated;  and 

Whereas,  the  said  City  of  Danville  has  requested  the  Wabash 
Railroad  Company  to  open,  for  the  use  of  the  public,  the  lands  afore- 
said, and  has  and  does  hereby  agree  to  fully  and  faithfull}^  perform 
all  and  singular  the  conditions  hereinafter  stated,  which  said  con- 
ditions, and  each  of  them,  are  hereby  agreed  to  be  conditions  subse- 
quent to  the  grant  hereinafter  made  by  the  Wabash  Railroad  Com- 
pany to  the  said  city; 

Now  Therefore,  in  consideration  of  the  premises,  and  of  the  sum 
of  one  dollar  ($1.00)  to  it  in  hand  paid  by  the  said  City  of  Danville, 
the  Wabash  Railroad  Company  does  hereby  release  and  quit-claim 
unto  the  City  of  Danville,  for  the  use  of  the  public  as  a  public  thor- 
oughfare, all  of  the  ground  within,  and  bounded  by,  the  outside 
boundary  line  of  the  said  Van  Buren  street  extended,  and  the  outside 
boundary  line  of  the  right-of-way  of  the  Wabash  Railroad  Company, 
where  the  said  boundary  lines  intersect  each  other  at  and  within  the 
said  City  of  Danville : 

The  foregoing  grant  made  by  the  said  Wabash  Railroad  Company 
to  the  said  City  of  Danville,  is  subject  to  each  and  ever}^  of  the 
conditions  hereinafter  stated,  to-wit: 

1167.  Condition  1.  That  the  said  City  of  Danville  shall,  at  all 
times,  permit  the  said  Wabash  Railroad  Company  to  hold  and  use 
the  lands  aforesaid  for  the  purposes  of  stopping  its  passenger  trains 
at  its  passenger  depot  in  said  city,  for  a  period  of  fifteen  minutes  for 
each  passenger  train;  and  further,  that  the  said  city  shall  permit 
said  Wabash  Railroad  Company  to  hold  and  use  the  lands  aforesaid 
for  the  purpose  of  stopping  its  freight  trains  thereon  for  the  same 
period  as  now  provided  by  ordinance  for  other  street  crossings,  all  of 
which  rights  are  hereby  expressly  reserved  unto  the  Wabash  Rail- 
road Company. 

1168.  Condition  2.  That  said  Wabash  Railroad  Company  shall 
not,  at  any  tim.e  in  the  future,  be  required  by  the  said  City  of  Dan- 
ville to  furnish,  construct,  provide,  operate  and  maintain  any  flag- 
man, crossing  gates,  or  any  other  safety  device,  appliance  or  inter- 
locking plant,  at  the  crossing  aforesaid,  except  the  safety  device  herein 


362  SPECIAL    ORDINANCES 


described,  and  which  the  Wabash  Railroad  Company  shall  construct, 
operate  and  maintain,  to-\vit:  A  semaphore,  or  drop  arm  signal,  at 
said  Van  Buren  street  crossing,  which  shall  be  immediately  installed 
and  thereafter  maintained  by  the  Wabash  Railroad  Company,  and 
to  be  operated  from  the  present,  or  future,  watch  tower  structure 
at  what  is  known  as  North  street  crossing,  between  the  hours  of  seven 
o'clock  a.  m.  and  six  o'clock  p.  m.  of  each  day.  Said  semaphore  and 
drop  arm  signal  shall  consist  of  an  upright  post  not  less  than  twenty- 
five  feet  in  height  from  base  to  signal  arm,  which  shall  be  placed  in  the 
right-of-way  of  the  Wabash  Railroad  Company  on  the  west  side  of 
the  track  and  to  the  north  of  the  center  line  of  said  Van  Buren  street. 
It  shall  be  so  operated  that  when  set  at  "Danger,"  an  arm  shall 
be  extended  from  said  base  horizontally  as  a  signal  to  those  approach- 
ing the  crossing  to  stop,  and  when  set  at  "Safety,"  said  arm  shall  be 
dropped  parallel  to  the  upright  post  as  a  signal  to  those  approaching 
that  the  crossing  is  clear,  all  in  accordance  w'ith  the  blue  print  attached 
and  made  a  part  hereof  and  made  exhibit  "A." 

1169.  Condition  3.  That  the  said  Wabash  Railroad  Company 
shall  not  now,  nor  at  any  time  in  the  future,  be  required  by  the  said 
City  of  Danville,  to  install,  construct  or  maintain  any  crossing  over 
its  tracks  and  structures  now  within,  or  which  may  be  hereafter 
within  its  said  right-of-way  at  said  point,  except  the  crossing  herein 
expressly  described,  which  the  Wabash  Railroad  Company  shall  be 
required  to  immediately  install  and  thereafter  maintain,  to-wit: 
A  suitable  crossing  over  its  tracks  and  structures  which  are  now  within 
or  which  may  be  hereafter  within  its  said  right-of-way,  and  within 
the  boundary  lines  of  said  Van  Buren  street  extended;  all  material 
and  workmanship  to  be  substantially  similar  to  the  crossing  which  is 
now  in  use  in  Main  street  in  said  city;  where  the  said  street  crosses 
over  the  tracks  of  the  said  Wabash  Railroad  Company. 

1170.  Condition  4.  That  the  said  City  of  Danville  will  immedi- 
atel}'  vacate,  and  thereafter  keep  vacated,  that  part  of  McDonald 
street  in  the  said  City  of  Danville  lying  between  the  northerly  line  of 
Van  Buren  street  and  the  southerly  line  of  the  said  North  street. 

It  is  expressly  understood  and  agreed  by  the  said  City  of  Danville, 
that  in  the  event  of  its  failure  or  refusal  to,  at  any  time  in  the  future, 
fully  and  faithfully  perform  all  and  singular  the  conditions  and  cov- 
enants hereinabove  contained,  then  in  that  event  the  Wabash  Rail- 
road Company  shall  have  the  full  right  to  enforce  the  conditions  and 
terms  of  this  grant  by  any  proper  proceeding  at  law,  or  by  injunction, 
or  other  proper  remedy  in  a  court  of  equity. 

In  witness  whereof  the  said  City  of  Danville  has  caused  its  corpor- 
ate name  to  be  subscribed  to  these  presents  by  the  Mayor,  and  the 
same  to  be  attested  by  the  City  Clerk,  and  its  corporate  seal  to  be 
affixed  hereto. 


SPECIAL   ORDINANCES  363 


And  the  Wabash  Railroad  Company  has  Hkewise  caused  its  cor- 
porate name  to  be  subscribed  by  its  Vice  President,  and  the  same  to 
be  attested  by  its  Assistant  Secretary,  and  its  corporate  seal  to  be 
affixed  hereto  on  the  day  and  year  first  above  written. 


An  Ordinance — Granting  permission  to  the  Danville  and  Indiana 
Harbor  Railroad  Company,  its  successors  and  assigns,  to  lay 
down  certain  tracks  and  to  operate  its  railroad  with  the  appur- 
tenances thereto. 

1171.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  oj  Dan- 
ville: That  permission  and  authority  be,  and  it  is  hereby  granted 
to  The  Danville  and  Indiana  Harbor  Railroad  Company,  its  lessees, . 
successors  and  assigns,  to  construct,  lay  down,  maintain  and  operate 
a  railroad  with  two  or  more  tracks,  and  such  switches,  sidings  and 
turnouts  as  may  be  necessary  or  convenient,  along  and  upon  the 
following  route,  in  the  City  of  Danville,  Vermilion  County,  Illinois, 
to-wit : 

Entering  the  east  line  of  the  city  limits  at  a  point  between  English 
street  and  Stony  Creek,  crossing  Pauline,  Penn,  Fera  and  Sidell 
streets,  thence  southwesterly  to  the  center  of  Stony  Creek  at  a  point 
at  or  near  Fera  street  continued,  thence  southwesterly  through 
Gennantown,  again  entering  the  city  limits  at  the  center  line  of  Fair- 
child  street  at  a  point  between  where  Stony  Creek  now  crosses  Fair- 
child  street  at  a  point  six  hundred  feet  east  of  the  present  bridge  over 
Stony  Creek;  thence  continmng  southwesterly  crossing  Jackson 
street  between  Woodbury  street  and  the  south  right-of-way  line  of 
the  Peoria  and  Eastern  Railroad;  Clay  street  between  Jackson  and 
Hazel  street;  and  Hazel  street  between  Clay  street  and  the  south 
right-of-way  line  of  the  Peoria  and  Eastern  Railroad;  also  crossing 
Vermilion  street  between  Clay  street  and  the  south  right-of-way 
line  of  the  Peoria  and  Eastern  Railroad ;  and  crossing  all  intervening 
alleys ; 

1172.  §  2.  The  said  railroad  company,  its  lessees,  successors  or 
assigns  may,  and  they  are  hereby  authorized,  to  cross  any  and  all 
intervening  streets,  alleys  and  water-courses  upon  or  along  the  line 
of  the  said  route,  as  designated  in  the  first  section  hereof,  at  the  grades 
hereinafter  specified,  and  may  occupy  all  such  streets  and  alleys  to  a 

■  width  not  exceeding  seventy-five  feet  on  each  side  of  the  center  line  of 
said  railroad  as  shown  on  the  map  hereto  attached. 

1173.  §  3.  Said  company,  its  lessees,,  successors  and  assigns,  may, 
and  they  are  hereby  authorized  to  lay  down,  maintain  and  operate, 
two  or  more  railroad  tracks,  with  such  sidetracks  and  turnouts  as 
may  be  necessary  or  convenient  over  and  across  any  land  which  they 


364  SPECIAL    ORDINANCES 


now  have  acquired,  or  may  acquire  upon  the  line  of  said  route  by 
lease,  purchase,  condemnation  or  otherwise,  and  the  said  railroad 
company,  its  lessees,  successors  or  assigns  may  use  and  operate  the 
railroad  tracks  hereby  authorized  to  be  laid  with  steam  or  other 
motive  power. 

1174.  §  4.  The  said  company,  its  lessees,  successors  and  assigns 
may,  and  they  are  hereby  authorized,  to  erect  and  maintain  poles 
with  wires  stretched  thereon  for  the  purpose  of  a  telegraph,  telephone 
or  for  signal,  or  for  light  or  power,  or  any  other  piu-pose  necessary  and 
convenient  to  the  proper  operation  of  the  said  railroad :  Provided, 
ho-ivever,  that  no  wires  shall  be  strung  above  any  street  or  highway 
except  at  not  less  than  twenty-two  feet  above  the  now  existing  sur- 
face of  such  street  or  alley. 

1175.  §  5.  Permission  and  authority  is  hereby  granted  to  the 
said  railroad  company,  its  lessees,  successors  and  assigns  to  tem- 
porarily obstruct  any  and  all  streets,  alleys  or  highways  which  may  be 
crossed  by  said  railroad  upon  and  along  the  route  herein  pro- 
vided for,  and  to  occupy  Fairchild  street  with  a  temporary 
trestle  during  the  time  required  for  the  construction  of  the  permanent 
bridge  herein  provided  for,  the  construction  of  its  railroad  and  for  the 
changing  of  the  channel  of  Stony  Creek,  and  the  building  of  a  bridge 
across  the  same,  as  hereinafter  provided  for:  Provided,  hoivever, 
that  such  obstruction  shall  be  removed  and  such  streets,  alleys  or 
highways  restored  to  their  reasonably  safe  condition  as  soon  as 
practicable  after  the  construction  of  the  said  railroad:  Arid,  provided, 
ftirther,  that  such  temporary  trestle  asross  Fairchild  street  shall  have 
an  opening  of  at  least  fourteen  feet  unobstructed  for  the  passage  of 
the  public;  and  that  Fairchild  street  shall,  at  all  times,  be  kept  in 
such  condition  as  to  be  stiitable  for  use  by  the  public. 

1176.  §  6.  The  said  railroad  company,  its  lessees,  successors  and 
assigns,  are  hereby  authorized  to  di^'ert  so  much  of  the  channel  of 
Stony  Creek  from  its  present  location,  so  that  when  said  Stony 
Creek  is  diverted,  the  waters  thereof  will  flow  into  the  new  channel 
described  as  follows: 

Commencing  at  a  point  on  the  south  line  of  Stony  Creek  as  now 
located,  between  Fera  street  and  Pauline  street;  thence  southwesterly 
crossing  Fairchild  street  at  a  point  between  where  Stony  creek  now 
crosses  Fairchild  street,  and  a  point  six  hundred  feet  east  of  the 
present  bridge  over  Stony  Creek;  thence  continuing  southwesterly  to 
an  intersection  with  the  present  channel  of  Stony  creek  at  a  point 
about  four  hundred  feet  south  of  Fairchild  street. 

1177.  §  7.  The  said  railroad  shall  be  carried  over  and  across 
Fairchild  street  upon  a  single  span  bridge  spanning  said  street,  the 
lowest  part  of  said  bridge  shall  be  not  less  than  thirteen  feet  above 


SPECIAL    ORDINANCES  365 


the  present  surface  of  Fairchild  street.  vSaid  bridge  shall  have  a 
floor  that  so  far  as  practicable  will  prevent  the  water  upon  said 
bridge  from  dripping  upon  the  highway.  '  Except  as  herein  provided 
for,  all  other  streets  and  alleys  authorized  to  be  crossed  shall  be 
crossed  at  grade.  The  portion  of  Jackson  street  between  the  tracks 
of  the  Peoria  and  Eastern  Railway  Company  and  the  tracks  of  the 
railroad  hereby  authorized  to  be  laid,  shall  be  filled  in  to  make  the 
grade  of  said  street  conform  to  the  grade  of  the  tracks  of  said  railroad 
company  and  shall  be  put  in  as  good  a  condition  for  public  travel  as 
now  exist.  Said  work  shall  be  done  by  The  Dan\'ille  and  Indiana 
Harbor  Railroad  Company  at  its  sole  cost  and  expense,  and  to  the 
satisfaction  of  the  city  engineer  of  the  said  city. 

Said  railroad  company  shall,  at  its  sole  cost  and  expense,  provide 
for  carrying  the  surface  water  upon  the  streets  and  alleys  authorized 
to  be  crossed  or  vacated  into  the  natural  channel  now  existing  in  such 
manner  as  is  satisfactory  to  the  said  city  engineer. 

1178.  §  8.  All  those  parts  of  Pauline,  Penn,  Fera  and  Sidell 
streets  lying  within  the  limits  of  the  present  right-of-way  lines  of  the 
Danville  and  Indiana  Harbor  Railroad,  also  those  portions  of  the 
alleys  lying  between  Penn,  Sidell,  Fera  and  Pauline  streets  within  the 
lines  of  such  right-of-way  as  shown  in  red  on  map  attached,  be,  and 
they  are  hereby  vacated  and  closed,  and  said  railroad  company  is 
hereby  authorized  to  build  its  retaining  walls  or  embankments  over 
and  across  such  portion  of  said  streets  and  alleys. 

1179.  §  9.  All  the  grants  herein  contained  are  subject  to  the 
express  provisions  that  the  said  railroad  company  will  undertake  and 
agree  to  do  and  perform  all  of  the  matters  and  things  hereinafter 

set  forth. 

(a)  That  the  said  railroad  company  shall,  at  its  own  sole  cost 
and  expense,  acquire  and  dedicate  for  the  use  of  the  public,  and  put  in 
good  condition  for  passage,  a  street  fifty  feet  wide  parallel  to  its 
right-of-way  on  the  west  side  thereof,  commencing  at  a  point  in  Fera 
street  just  south  of  the  east  and  west  alley  between  Penn  and  vSidell 
streets  to  a  connection  w4th  Sidell  street  at  or  near  the  intersection 
of  said  vSidell  street  and  the  north  and  south  alley  between  Kingdom 
and  Fera  street. 

(b)  That  the  said  Danville  and  Indiana  Harbor  Railroad  Com- 
pany shall  procure  and  dedicate  for  the  use  of  the  public  as  a  street 
and  fill  to  proper  grade  to  the  satisfaction  of  the  city  engineer  of 
Danville  lot  three  of  Knight  &  Gregory's  addition  to  Germantown, 
Illinois,  and  will  move  the  now  existing  Fairchild  street  bridge  over 
Stony  Creek  to  a  point  on  Stony  Creek  connecting  said  street  so  to  be 
opened  with  Sidell  street  and  rebuild  said  bridge  at  said  point  in  as 
good  a  condition  as  is  now  is.     After  the  removal  of  said  bridge  the 


366  SPECIAL   ORDINANCES 


fonncr  channel  of  Stony  Creek  in  Fairchild  street  shall  be  filled  in  bv 
the  railroad  colTlpan3^ 

(Section  6  as  amended  Nov.  29,  1905.) 

(c)  That  the  said  The  Danville  and  Indiana  Harbor  Railroad 
Company  shall  procure  and  dedicate  for  the  use  of  the  public  as  a 
street,  a  strip  of  land  fifty  feet  (50)  in  width  across  lots  four  (4)  and 
five  (5),  of  Buhl's  addition  to  Germantown.  The  boundaries  of  gaid 
strip  of  land  to  coincide  with  the  lines  of  Kingdom  Avenue  in  the 
City  of  Danville  extended  southward  to  Fairchild  street  in  the  village 
of  Germantown. 

(c-2)  In  consideration  of  the  said  Danville  and  Indiana  Harbor 
Railroad  Company  consenting  to  the  amendment  of  said  ordinance 
as  above  set  forth,  the  City  of  Danville  hereby  grants  to  the  Danville 
and  Indiana  Harbor  Railroad  Company,  its  successors  and  assigns, 
pennission  and  authority  to  lay  down,  maintain  and  operate  not  more 
than  (2)  tracks  across  the  street  so  to  be  dedicated  by  said  Railroad 
company  either  "at  grade  or  on  overhead  bridges  across  said  street, 
at  any  time  in  the  future  that  said  railroad  company,  or  its  successors, 
or  assigns,  may  desire  to  lay  down,  maintain  or  operate  said  tracks, 
or  to  carry  the  same  over  said  street  upon  said  overhead  bridges. 

The  said  City  of  Danville  further  agrees  for  the  same  consideration 
that  it  will  grade  or  cause  to  be  graded  the  proposed  street  when 
dedicated. 

And  for  the  same  consideration  the  City  of  Danville  agrees  that  the 
said  Danville  and  Indiana  Harbor  Railroad  Company,  its  successors, 
or  assigns,  by  the  acceptance  of  this  ordinance  shall  be  relieved  from 
a  compliance  with  the  provisions  of  the  original  paragraph  "C"  of 
section  nine  of  said  ordinance  passed  June  15,  A.  D.  1905. 

(d)  That  the  said  railroad  company  shall,  at  its  sole  cost  and  ex- 
pense, extend  the  brick  sewer  now  opening  in  Stony  Creek  at  Fairchild 
street  to  a  point  of  connection  with  the  channel  of  Stony  Creek  as  di- 
verted, upon  such  route  as  may  be  selected  by  the  city  engineer,  and 
construct  a  substantial  brick  retaining  wall  equal  to  the  one  now  in. 

(e)  That  the  said  railroad  company  shall,  at  its  sole  cost  and  ex- 
pense, extend  the  tile  sewer  of  Fcra  street  to  a  connection  with  the 
channel  of  Stony  creek  as  diverted  upon  such  route  as  may  be  selected 
by  the  cit}^  engineer,  and  will  keep  the  portion  under  the  right-of-way 
in  repair  upon  notice  by  the  city  as  to  repairs  needed. 

(f)  The  said  railroad  company,  shall  at  its  sole  cost  and  expense, 
erect,  or  cause  to  be  erected,  a  good  and  sufficient  steel  bridge  or  con- 
crete arch,  if  practicable,  ha\'ing  a  roadway  forty  feet  wide  with  side 
walk  seven  feet  wide  on  either  side  thereof,  at  a  point  in  Fairchild 
street  where  the  said  street  will  cross  the  channel  of  Stony  Creek  as 
diverted.  Said  bridge  shall  be  ccnstructed  upon  the  plans  known  as 
"Cooper's  Specifications,"  Class  B  for  Highway  Bridges. 


SPECIAL   ORDINANCES  367 


(g)  That  the  Danville  and  Indiana  Harbor  Railroad  Company, 
its  lessees,  successors  and  assigns,  will  forever  indemnify  and  save 
harmless  the  City  of  Danville  from  any  and  all  liability  for  damages 
which  said  city  may  incur  by.  reason  of  the  passage  of  this  ordinance, 
or  by  reason  of  any  work  done  or  changes  made  under  and  by  author- 
ity of  this  ordinance,  and  will  defend  any  and  all  suits  brought,  and 
pay  any  and  all  judgments  rendered  against  said  city,  on  account 
of  such  liability : 

Provided,  however,  that  said  the  Danville  and  Indiana  Harbor 
Railroad  Company  shall  not  be  held  liable  to  said  city  as  above  set 
forth,  unless  within  ten  days  after  receipt  of  notice  by  said  city  of  a 
claim  for  damages  arising  from  liability  so  incurred,  said  City  of 
Danville  shall  serve  a  written  notice  of  the  making  of  such  claim 
against  it,  upon  the  station  agent  of  said  railroad  company,  specify- 
ing when  and  in  what  manner  said  liability  is  claimed  to  have  been 
incurred:  And,  provided,  further,  that  said  railroad  company  shall  not 
be  bound  to  defend  any  suit,  unless  written  notice  of  the  commence- 
ment of  such  suit,  specifying  the  names  of  the  parties  thereto,  the 
court  in  which  said  suit  is  pending,  and  the  term  to  which  it  is  re- 
turnable, shall  be  served  upon  the  station  agent  of  said  railroad 
company  within  five  days  after  the  service  of  process  upon  said  city  in 
such  suit:  And,  provided,  further,  that  the  said  railroad  company 
shall  not  be  bound  to  pay  any  judgment  against  said  city  unless  the 
notices  provided  for  have  been  given,  and  that  in  no  event  shall  the 
said  railroad  company  be  bound  to  pay  any  sum  of  money  paid  by 
said  city  in  compromise  of  any  such  clajm  or  suit  unless  the  railroad 
company  shall  have  consented  in  writing  to  such  payment  before  the 
same  is  made:  And,  provided,  further,  that  the  City  of  Danville  will 
permit  said  railroad  company  to  defend  any  and  all  such  suits  in  the 
name  of  said  city  and  that  said  city  upon  request,  and  upon  being 
properly  indemnified,  will  execute  any  and  all  documents  necessary 
or  desirable  in  the  judgment  of  counsel  of  the  said  railroad  company, 
to  properly  defend  such  suits  and  to  appeal  from  any  and  all  judg- 
ments rendered. 

1180.  §  10.  Nothing  in  this  ordinance  contained  shall  be  so 
construed  as  to  require  the  said  railroad  company  to  hereafter  main- 
tain am^  of  the  highway  bridges  directed  to  be  erected,  or  any  of  the 
streets  directed  to  be  dedicated,  or  any  of  the  sewers  directed  to  be 
extended,  except  as  hereinabove  specified;  it  being  understood  that 
the  maintenance  of  all  such  public  works  shall  be  assumed  by  the 
City  of  Danville,  as  between  such  city  and  the  railroad  company. 

1181.  §  11.  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  approval :  Provided,  ■  hovuever,  it  shall  be  null  and  void 
unless  the  said  the  Danville  and  Indiana  Harbor  Railroad  Company 
shall,  through  its  duly  authorized  officers,  file  in  the  office  of  the 


368  SPECIAL   ORDINANCES 


city  clerk  in  the  City  of  Danville,  within  thirty  days  from  the  passage 
and  api^roval  by  the  Mayor  of  this  ordinance,  its  agreement  duly 
executed  whereby  it  shall  tmdertake  to  do  and  perform  ail  the  mat- 
ters and  things  directed  to  be  done  by  it  in  this  ordinance.  After 
the  filing  of  such  agreement  by  the  said  railroad  company  this  ordi- 
nance shall  not  be  materially  modified  or  amended  without  the  con- 
sent of  said  railroad  company 

Passed  June  15,  1905.     Approved  June  19,  1905.    • 


An  Ordinance-  Vacating  a  part  of  Clay  street  betv/een  Jackson 
street  and  Hazel  street  in  the  City  of  Danville,  Vermilion  County, 
Illinois. 

Whereas,  the  Chicago,  Indiana  and  Southern  Railroad  Company, 
a  corporation,  desires  the  City  of  Danville  to  vacate  a  part  of  Clay 
street  between  Jackson  street  and  Hazel  street  in  said  city  upon 
which  the  tracks  of  said  railroad  compan_v  are  located;  and  whereas, 
said  City  of  Danville  is  willing  to  consent  to  said  vacation  only  upon 
the  performance  by  said  railroad  company  of  certain  conditions 
herein  contained; 

1182.  §  1.  Therefore,  Be  it  ordained  by  the  City  Council  of  the 
City  of  Danville,  Vermilion  County,  Illinois,  as  follows:  That  that 
part  of  Clay  street  between  Jackson  street  and  Hazel  street  in  the 
City  of  Danville,  Vermilion  County,  IlHnois,  described  as  follows,  to- 
v\'it :  Beginning  at  a  point  where  the  north  line  of  said  Clay  street 
intersects  the  west  line  of  said  Jackson  street,  thence  west  along  the 
north  line  of  said  Clay  street  to  a  point  w^here  the  north  line  of  said 
Clay  street  intersects  the  center  line  of  the  original  location  of  the 
Chicago,  Indiana  and  Southern  Railroad,  in  said  city,  thence  south- 
westerly along  said  center  line  of  the  original  location  of  said  Chicago, 
Indiana  and  Southern  Railroad  to  a  point  where  said  center  line  inter- 
sects the  south  line  of  said  Clay  street,  thence  east  along  the  south 
line  of  said  Clay  street  to  a  point  where  the  south  line  of  said  Clay 
street  intersects  the  west  line  of  said  Jackson  street,  thence  north 
along  the  west  line  of  said  Jackson  street  to  the  place  of  beginning, 
excepting  therefrom  that  part  of  Clay  street  included  in  the  north 
and  south  alley  between  Jackson  street  and  Hazel  street  extended 
north  from  the  south  line  of  said  Clay  street  to  said  center  Hne  of 
the  original  location  of  the  said  Chicago,  Indiana  and  Southern  Rail- 
road as  shown  by  the  blue  print  attached  hereto  and  made  a  part  of 
this  ordinance  by  this  express  reference  be,  and  the  same  is  hereby 
vacated. 

1183.  §  2.  That  this  ordinance  is  passed  and  approved  upon  the 
following  express  conditions,  to-wit:  That  the  Chicago  and  Indiana 
Southern  Railroad,  a  corporation,  makes  a  legal  dedication  for  the 


SPECIAL   ORDINANCES  369 


public  use  subject  to  the  approval  of  said  city  council  of  the  following 
described  strip  of  land,  to-wit:  All  such  part  of  lots  thirteen, 
fifteen  and  sixteen  in  block  four,  of  A.  S.  Williams'  addition  to  said 
city,  in  Vermilion  County,  Illinois,  lying  and  being  within  a  distance 
of  fifty  feet  north-westerly  measured  at  right  angles  from  the  center 
line  of  the  original  location  of  the  Chicago,  Indiana-  and  Southern 
Railroad  in  said  city  (as  shown  by  the  blue  print  hereinabove  referred 
to)  and  pay  the  expenses  of  making  and  recording  said  dedication. 

That  said  Chicago,  Indiana  and  Southern  Railroad  Company  place 
a  sewer  pipe  in  the  open  drain  now  along  said  strip  of  land  to  be  dedi- 
cated for  public  use  by  said  railroad  company  and  close  and  com- 
pletely fill  the  said  open  drain  to  a  level  with  the  street. 

That  the  said  City  of  Danville  reserves  the  right  to  go  upon  any 
part  of  said  vacated  ground  for  the  purpose  of  repairing  and  main- 
taining the  sanitary  sewer  now  located  along  said  Clay  street. 

And  that  said  Chicago,  Indiana  and  Southern  Railroad  Company 
build  concrete  sidewalks  five  feet  in  width  according  to  the  plans  and 
specifications  provided  by  the  city  for  such  work,  along  the  north 
side  of  the  said  land  proposed  to  be  dedicated  for  the  public,  and  along 
all  other  places  where  the  property  of  said  railroad  company  adjoins 
either  \^ermilion  street.  Hazel  street,  Jackson  street  or  Clay  street  in 
said  city. 

And  this  ordinance  shall  be  void  unless  said  Chicago,  Indiana  and 
Southern  Railroad  Company  shall,  within  sixty  days  after  the  pas- 
sage and  approval  of  this  ordinance,  comply  with  the  provisions  of 
this  ordinance  to  the  approval  of  the  city  council  of  the  said  city  and 
file  the  acceptance  of  said  railroad  company,  in  writing,  of  all  the 
terms,  conditions  restrictions  and  limitations  of  this  ordinance. 

Passed  December  1,  1908.     Approved  December  8,  1908. 


TELEPHONES. 


An  Ordinance-  Granting  permission  to  the  American  Telephone 
and  Telegraph  Company  of  Illinois  to  erect  and  maintain  its 
lines  of  telephone  and  telegraph  upon  the  streets  and  alleys 
of  the  City  of  Danville,  Vermilion  County,  Illinois,  upon  the 
terms  and  conditions  therein  stated. 

1 184.  §  1 .  Be  it  ordained  by  the  City  Council  of  the  City  of  Dan- 
ville, State  of  Illinois :  That  the  American  Telephone  and  Telegraph 
Company  of  Illinois,  its  successors  and  assigns,  be,  and  the  same  is 
hereby  granted  permission  to  erect,  operate  and  maintain  its  lines 
of  telephone  and  telegraph,  including  the  necessary  poles,  wires 
and  fixtures  upon,  along  and  over  the  streets  and  alleys  of  the  said 
city  upon  the  terms  and  conditions  hereinafter  stated. 


370  SPECIAL   ORDINANCES 


1185.  §  2.  All  i:)olcs  erected  [nirsuant  to  this  ordinance  shall  be 
erected  under  the  supervision  and  direction  of  the  committee  upon 
streets  and  alleys,  and  shall  be  located  so  as  not  to  interfere  with 
the  public  use  and  travel  of  the  said  streets  and  alleys.  All  poles 
shall  be  straight,  shaven,  kept  neatly  painted  and  shall  be  not  less 
than  thirty-five  feet  in  heijj^ht  in  any  part  of  said  city  nor  less  than 
forty  feet  in  height  in  the  business  portion  thereof. 

1186.  §  3.  After  the  erection  of  the  said  poles  and  fixtures  said 
comimny  shall  restore  the  surface  of  the  streets,  alleys  and  sidewalks 
which  are  disturbed  by,  it  to  the  condition  in  which  it  found  them. 
The  work  of  restoring  the  streets  as  aforesaid  shall  be  done  under 
the  supervision  of  the  committee  upon  streets  and  alleys.  Any  ex- 
pense to  which  the  said  city  shall  be  put  by  reason  of  the  neglect  of 
said  company  to  do  said  work  in  a  workmanlike  manner  shall  be 
paid  by  said  company  upon  presentation  of  bills  certified  by  said 
commiittee.  In  case  said  company's  lines  shall  be  found  to  interfere 
with  the  change  of  grade  of  any  street  or  with  any  public  improve- 
ment, said  company  shall,  upon  receiving  written  notice  thereof 
from  council,  move  its  said  lines  at  its  ow^n  expense  so  as  to  conform 
with  said  change  of  grade  or  said  improvement. 

1187.  §  4.  Said  company  shall  hold  said  city  free  and  harmless 
from  all  damage  or  claims  for  damage  of  any  kind  whatsoever  caused 
by  the  construction  or  negligent  maintenance  of  said  lines  and  shall 
be  liable  for  injuries  to  public  or  private  property  of  every  kind. 

1188.  §  5.  Nothing  in  this  ordinance  contained  shall  be  so  con- 
strued as  to  grant  unto  said  company  an  exclusive  right  upon  said 
streets  and  alleys  or  prevent  the  grant  of  similar  privileges  to  other 
individuals  or  companies  for  like  purposes. 

1189.  §  6.  In  consideration  of  the  rights  and  privileges  herein 
granted,  said  company  shall  furnish  free  of  cost  to  said  city  space 
for  its  fire-alarm  and  police  wires  upon  all  poles  erected  pursuant  to 
this  ordinance. 

1190.  §  7.  vSaid  company  shall  be  at  all  times  subject  to  all 
ordinances  now  in  force  or  that  may  hereafter  be  passed  relative  to 
the  use  of  public  streets  or  other  public  places. 


Passed  July  19,  1894.     Approved  July  26,  1894. 


An  Ordinance — Granting  certain  rights  and  privileges  to  The  Ver- 
milion County  Telephone  Company,  its  successors,  lessees  and 
assigns. 

1191.     §  1.     Be  it  ordained  by   the   City   Council   of  the   City  of 
Danville,  Illinois,  as  follows,  viz:     The  right,  privilege  and  franchise 


SPECIAL   ORDINANCES  371 


is  hereby  granted  for  the  term  of  thirty  years  from  and  after  the  ac- 
ceptance hereof  as  hereinafter  set  forth,  to  The  VermiHon  County 
Telephone  Company,  its  successors,  lessees  and  assigns,  to  construct, 
maintain  and  operate  a  system  of  communication  by  means  of  tele- 
phones or  telegraph  instruments,  under,  in,  upon  and  along  the 
streets,  alleys  and  public  ways  of  the  City  of  Danville,  Illinois.  To 
which  end  grantee  may  make  use  of  poles,  posts,  wires,  cables  and 
underground  pipes  and  conduits,  and  such  other  well  approved 
fixtures,  appliances,  accessories  and  attachments  as  may  be  proper 
or  reasonably  necessary:  Provided,  said  grant,  privilege,  and  fran- 
chise shall  not  be  deemed  or  taken  as  exclusive  to  the  grantee;  any- 
thing in  the  terms  or  conditions  of  this  ordinance  to  the  contrary 
notwithstanding. 

1192.  §  2.  The  location  of  the  poles,  lines  and  other  appurten- 
ances now  existing  and  in  use  by  said  grantee  is  hereby  approved, 
except:  (1)  All  poles  and  lines  now  in  any  street  having  an  alley 
parallel  therewith  and  within  three  hundred  feet  thereof  shall  on 
or  before  January  1st,  1904,  be  removed  from  said  street  into  said 
alley;  (2)  All  poles  in  streets  shall  be  placed  so  as  to  stand  immedi- 
ately within  the  curb  line ;  (3)  All  poles  in  allcA^s  interfering  unneces- 
sarily with  the  use  of  the  same  or  of  abutting  property  shall  be  re- 
located when  so  required  or  permitted  by  the  City  Engineer;  (4) 
All  poles  and  lines  in  any  street,  alley  or  public  way  wherein  under- 
ground pipes  or  conduits  shall  be  hereafter  placed  shall,  within  sixty 
(60)  days  after  the  completion  of  such  pipe  or  conduit,  be  removed 
therefrom  by  grantee. 

1193.  §  3.  Grantee  shall  avoid  all  unreasonable  or  unnecessary 
interference  with  the  ordinary  use  of  the  streets,  alleys  and  public 
ways  of  said  city.  Its  underground  pipes  and  conduits  shall  be  so 
constructed  as  not  to  interfere  with  any  pipe,  main,  conduit,  sewer 
or  other  subterranean  construction  heretofore  placed  by  the  author- 
ity of  said  city. 

1194.  §  4.  Grantee  shall  not  unreasonably  or  improperly  ob- 
struct any  street,  alley,  walk  or  public  place  in  any  of  its  operations 
hereunder  and  shall  promptly  restore  to  their  like  former  good  con- 
dition all  streets,  alleys,  walks  and  public  places  by  it  in  any  manner 
disturbed  or  displaced.  In  filHng  excavations  the  dirt  shall  be  fre- 
quently well  tamped  with  a  suitable  tool,  or  flushed;  and  all  dirt 
displaced  except  a  quantity  equal  to  the  volume  of  the  pipes  or 
conduits  placed  in  said  excavation  shall  be  restored  in  such  filling. 
If  the  excavation  be  made  in  a  paved  or  otherwise  permanently 
built  street  or  walk  the  permanent  structure  thereof  shall  be  restored 
by  grantee  in  the  same  order  and  to  the  like  condition  in  which  the 
same  was  found;  if  in  sodded  ground  the  sod  shall  be  fully  restored. 
In  case  grantee  should  fail  or  neglect,  for  an  unreasonable  time,  to 


372 


SPECIAL    ORDINANCES 


comply  with  the  conditions  of  this  section  at  any  point,  said  city, 
may,  without  notice  or  demand,  perform  such  conditions  for  ^^antec, 
and  charj^e  the  cost  thereof  against  any  sums  otherwise  due  or  pay- 
able to  grantee  on  account  of  telephone  service,  or  collect  .such  cost 
by  process  of  law.  Grantee  shall  keep  and  hold  the  city  hannless 
from  any  damage  to  persons  or  property  arising  out  of  the  opera- 
tions of  the  grantee  or  its  servants  under  the  authority  of  this  ordi^ 
nance.  In  making  excavations  grantee  shall  keep  red  danger  lights 
at  night  along  the  line  of  the  same  at  no  greater  intervals  than  one 
hundred  feet,  and  shall  maintain  barricades  at  the  ends  of  such  ex- 
cawations  and  at  all  street  and  alley  intersections  therealong. 

1195.  §  5  All  poles  shall  be  straight,  smooth,  shapely  and 
shall  be  kept  well  painted  in  white  or  other  light  color;  and  no  pole 
or  line  of  poles  shall  carry  to  exceed  sixty  wires  except  the  same  be 
enclosed  in  cables.  All  aerial  wires  shall  be  suspended  not  less  than 
twenty-five  feet  from,  the  grade  of  center  line  of  the  street  or  alley. 
All  pipes  and  conduits  shall  be  so  constructed  and  placed  as  to 
withstand  the  heaviest  traffic  that  may  lawfully  pass  over  or  along 
the  street,  alley  or  public  way  where  such  pipes  or  conduits  shall  be 
located;  they  shall  be  water-proof,  of  well  approved  type  and  qual- 
ity, and  shall  be  laid  under  the  direction  and  supervision  of  the  city 
engineer  and  committee  on  streets  and  alleys.  Not  more  than  three 
hundred  lineal  feet  of  excavation  shall  be  opened  at  one  time  in  any 
single  street,  alley  or  public  place. 

1196.  §  6.  Grantee  shall  within  three  years  from  January  1st, 
1903,  have  removed  from  all  streets,  alleys  and  public  places  within 
the  present  fire  limits  of  said  city,  all  poles,  wires  and  other  above- 
ground  construction,  and  shall  have  installed  and  in  operation  within 
said  fire  limits  underground  pipes  and  conduits  of  the  kind,  type 
and  quality  by  this  ordinance  prescribed;  and  grantee  shall  in  good 
faith  begin  such  underground  construction  on  or  before  July  1st, 
1903,  and  carry  the  same  forward  without  unnecessary  delay:  Pro- 
vided, Grantee  may  make  use  of  above  ground  construction  to  dis- 
tribute its  wires  from  the  street,  alley  or  public  way  to  nearby  sub- 
scribers. 

1197.  §  7.  The  said  right,  ])rivilcgc  and  franchise  shall  be  ex- 
ercised subject  to  such  lawful  rules,  regulations  and  ordinances  of 
s^d  city  as  now  are,  or  may  hereafter  be  in  force,  and  not  incon- 
sistent with  the  terms  and  conditions  of  this  ordinance.  Grantee 
shall  not  transfer,  assign  or  lease  any  of  its  tangible  property  or  the 
right,  ]3rivilege  and  franchise  herein  granted,  nor  any  part  thereof, 
to  any  ]3erson  or  persons  except  on  condition  that  the  same  shall 
continue  in  operation  under  the  provisions  hereof  for  the  full  term 
of  thirty  years  aforesaid;  nor  shall  grantee  ever  enter  into  any 
agreement,  understanding  or  combination  with  any  other  person  or 


SPECIAL   ORDINANCES  373 


persons  concerning  the  form  or  character  of  service  to  be  rendered 
or  the  price  to  be  charged  by  it  for  services  rendered  wholly  within 
the  corporate  limits  of  said  city :  Provided,  Grantee  may  at  its  dis- 
cretion, execute  trust  deeds,  mortgages  or  other  similar  convey- 
ances as  security  for  such  indebtedness  as  it  ma}^  from  time  to  time 
see  fit  to  incur. 

1198.  §  8.  In  consideration  of  said  right,  privilege  and  franchise 
said  city  may  without  charge  attach  to  and  maintain  upon  said  poles 
and  place  and  maintain  in  said  underground  pipes  and  conduits  such 
fire  alarm  or  other  piiblic  electrical  wires  as  said  city  may  from  time 
to  time  deem  necessary:  Provided,  No  such  public  wires  shall  be 
such  as  to  interfere  with  the  conduct  of  the  business  of  grantee;  and 
the  actual  cost  of  attaching  such  wires  to  and  maintaining  the  same 
on  the  property  of  grantee  shall  be  borne  by  said  city.  Grantee  shall 
at  such  times  and  in  such  places  as  may  be  directed  by  the  city 
council  erect  and  maintain  not  more  than  ten  police  and  fire  call 
booths;  the  same  to  be  equipped  with  efficient  telephones  and  pro- 
vided with  exchange  service  for  the  police,  fire  and  other  depart- 
ments of  said  city;  all  of  which  shall  be  without  charge.  Grantee 
shall  also  provide,  with  exchange  service,  and  without  charge,  one 
telephone  at  each  of  the  following  places,  viz:  Mayor's  residence, 
mayor's  office,  ofhce  of  city  attorney,  offiee  of  city  clerk,  office  of'  city 
engineer,  Danville  Public  Library,  office  of  Inspector  of  sewers, 
residence  of  chief  of  fire  department,  residence  of  chief  of  police, 
and  each  engine  or  hose  house  now  or  hereafter  maintained  by  said 
city.  For  any  additional  telephone  service  said  city  may  from  time 
to  time  require,  grantee  shall  be  paid  at  rates  twenty-five  per  cent, 
below  those  charged  other  subscribers  for  like  services. 

119Q.  §  9.  Grantee  shall  in  no  case  charge  for  telephone  service 
rendered  wholly  within  the  corporate  limits  of  said  city,  above  the 
rate  of  thirty  dollars  per  annum  for  office  use,  nor  above  the  rate  of 
eighteen  dollars  per  annum  for  residence  use. 

1200.  §  10.  The  right  privilege  and  franchise  herein  granted  is 
subject  nevertheless  to  this  condition :  If  grantee  desires  to  avail 
itself  thereof,  it  shall  within  sixty  days  after  the  passage  of  this 
ordinance  file  with  the  city  clerk  its  written  acceptance  thereof; 
grantee  shall  in  like  manner  file  a  bond  in  the  penal  sum  of  five 
thousand  dollars,  payable  to  the  City  of  Danville,  Illinois,  with 
good  and  sufficient  sureties  to  be  approved  by  the  city  council,  con- 
ditioned for  the  faithful  observance  of  all  the  terms,  conditions, 
requirements,  specifications  and  limitations  of  this  ordinance,  and 
conditioned  further,  that  grantee  shall  in  all  things  save  and  keep 
harmless  said  city  and  shall  well  and  truly  pay  to  said  city  any  and 
all  loss,  damage  or  injury  which  said  city  may  sustain  by  reason  of 
the  act  or  neglect  of  said  grantee,  its  agents,  servants  and  employes. 


374  SPECIAL    ORDINANCES 


or  either  one  or  more  of  them.  Grantee  shall  in  like  manner  file  a 
jjublisher's  eertifieate  showing  a  legal  ])ublieation  to  have  been  made 
of  this  ordinance  at  the  sole  cost  and  expense  of  grantee. 

1201.  §  11.  U]Jon  the  filing  by  grantee  of  the  aforementioned 
acceptance,  bond  and  publisher's  certificate  and  the  acceptance  and 
approval  thereof  by  the  city  council,  this  ordinance  shall  be  deemed 
and  held  to  constitute  the  sole  and  only  basis  and  authority  whereby 
the  rights  and  interests  of  grantee  m.ay  or  ought  to  be  ascertained, 
and  grantee's  right,  privilege  and  franchise  under  authority  of  said 
city  shall  not  be  held  to  extend  beyond  the  terms  and  conditions  of 
this  ordinance,  but  shall,  in  all  respects  be  strictly  limited  thereby 
and  thereto. 

1202.  §  12.  The  term,  "grantee,"  as  used  herein  shall  be  con- 
strued to  mean  The  Vermilion  County  Telephone  Company,  its 
successors,  lessees  and  assigns  and  either  or  any  of  them. 

1203.  §  13.  All  ordinances  and  parts  of  ordinances  not  con- 
sistent with  the  terms  of  this  ordinance  are  hereby  repealed. 

Passed  and  approved  November  6,  1902.  Published  December 
10,  1902. 


WATER. 


An  Ordinance — Revising  and  consolidating  all  the  various  ordinances 
relating  to  the  Danville  Water  Company,  its  successors  and 
assigns,  heretofore,  enacted  by  the  City  of  Danville,  the  Village 
of  Germantown,  the  Village  of  Rcselawn,  and  the  Village  of 
South  Danville,  and  now,  by  virtue  of  various  annexations,  in 
force  within  the  present  corporate  limits  of  the  said  City  of 
Danville.  (The  references  to  the  various  ordinances  are  omitted.) 

1204.  §  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Danville,  in  the  manner  following,  that  is  to  say:  The  Danville 
Water  Company  (hereinafter  designated,  together  with  its  suc- 
cessors and  assigns,  as  "Grantee"),  a  corporation  duly  organized 
under  the  laws  of  the  State  of  Illinois,  owns  and  operates  a  system  of 
water  works,  the  source  of  water  supply  for  which  is  the  North  Fork 
of  the  Vermilion  River,  at  a  point  above  the  present  sewage  of  the 
City  of  Danville  (which  said  City  of  Danville  is  hereinafter  designated 
as  "Grantor")  and  north  of  Fairchild  Street.  Grantee  nowfowns 
certain  lands  adjacent  to,  and  certain  riparian  rights  upon,  the  said 
North  Fork,  together  with  a  dam,  pumping  house,  boilers,  engines, 
pumps  and  machinery;  and  has  in  use,  in  connection  with  the  said 
system  of  water  works,  and  as  part  thereof,  certain  mains  in  and 
along  the  streets,  alleys,  sidewalks,  public  grounds,  rivers,  streams 
and  bridges,  in  said  city,  together  with  certain  fire  hydrants  now 


( 


SPECIAL   ORDINANCES  375 


situated  upon  said  mains  and  lines.  A  particular  description  of  the 
location  of  each  of  said  mains  is  contained  in  Schedule  "A",  and  the 
numbers  and  particular  description  of  the  location  of  the  said 
several  hydrants  is  contained  in  Schedule  "B,"  hereto  attached, 
hereby  referred  to,  and  made  a  part  of  this  section. 

1205.  §  2.  Said  Grantee  is  hereby  required  and  authorized  to 
place,  construct  and  extend  its  new  mains  in  the  streets,  alleys, 
sidewalks,  grounds,  rivers,  streams  and  bridges  of  the  City  of  Dan- 
ville, and  to  place  hydrants  thereon,  at  the  places,  and  of  the  sizes 
respectively,  as  shown  by  Schedule  "C"  and  "D,"  hereto  attached, 
hereby  referred  to,  and  made  a  part  of  this  section.  Said  Schedule 
"C"  contains  the  particular  description  of  said  new  mains,  and  said 
Schedule  "D"  contains  the  numbers  and  particular  description  of 
said  new  hydrants,  required  and  authorized  by  this  section.  All  of 
the  mains  and  pipes  used  in  said  construction  and  extension,  hereby 
required,  shall  be  tested  at  their  ]3lace  of  manufacture,  under  a 
pressure  of  three  hundred  (300)  pounds  to  the  square  inch.  Grantee 
is,  also,  authorized  and  required  to  maintain  and  use  pumping  engines 
of  'modern  and  appropriate  style  and  efficiency,  and  all  necessary 
machinery  and  apparatus  appurtenant  thereto,  to  make  an  aggregate 
pumping  capacity  of  not  less  than  eight  millions  (8,000,000)  gallons 
of  water  in  twenty-four  (24)  hours.  The  fire  hydrants,  required  by 
this  section,  and  rented  by  said  city,  as  hereinafter  stated,  shall  be  of 
modern  and  appropriate  style,  and  good  efficiency,  with  duplicate 
delivery,  fitted  to  connect  with  the  hose  couplings  now  in  use  by  the 
fire  department  of  said  city:  Provided,  however,  that  the  hydrants, 
hereinbefore  designated  as  Nos.  44,  51,  55,  61,  67,  73,  74,  75,  76,  77, 
78,  79,  80,  221,  222  and  238,  each  has  a  triplicate  delivery  instead  of 
a  double  delivery. 

§  3.  Grantee  shall  keep  and  maintain  its  said  pumping  station 
and  works,  together  with  its  mains  and  pipes,  to  a  capacity  sufficient 
to  provide  all  the  water  required  by  said  city  and  its  inhabitants,  dur- 
ing the  full  term,  hereinafter  designated,  and  shall  maintain,  during 
all  of  said  term,  ai]_j£pTOYed_and  efficient  sjystem  of  filtration,  of 
ample  capacity  for  the  purpose  of  filtering  and  clarifying  the  water 
furnished  by  it  to  said  city  and  its  inhabitants.  But  Grantee  may, 
temporarily,  in  the  event  of  fire  or  inevitable  casualty,  permit  water 
to  enter  its  mains  without  filtration. 

1206.  §  4.  The  privilege  and  franchise  is  hereby  granted  to  the 
Grantee,  to  construct,  maintain  and  operate,  within,  and  adjacent  to, 
said  city  of  Danville  (but  subject  to  all  of  the  conditions,  limitations 
and  reservations  by  the  terms  of  this  ordinance  prescribed)  its  said 
water  system,  together  with  all  the  improvements,  betterments,  and 
extensions  thereof,  hereafter  made,  for  supplying  said  city  and  its  in- 
habitants,  as  well  as  adjacent  territory  and  municipalities,   with 


376  SPECIAL   ORDINANCES 


water  for  ijublic  and  private  uses,  and  to  use,  all  and  singular,  the 
streets,  alleys,  sidewalks,  public  grounds,  rivers,  streams  and  bridges, 
within  the  present  and  future  corporate  limits  of  said  city,  for  placing, 
repairing  and  replacing  mains,  ])ipes,  hydrants,  and  all  other  apjjur- 
tenanccs,  attachments  and  devices  requisite  to  the  furnishing  and 
supph'ing  of  water,  as  aforesiad.  The  aforesaid  privilege  and  fran- 
chise "shall  be  effective  to  and  until  the  first  day  of  June,  A.  D.  1932, 
and  no  longer. 

1207.  §  5.  All  the  mains  and  pipes  shall  be  so  located  and  laid 
as  not  to  interfere  unnecessarily  with  any  pipes,  mains,  conduits  or 
sewers  existing  at  the  time  of  their  location  and  laying.  There  shall 
be  no  unreasonable  or  unnecessary  obstruction  of  the  streets,  alleys, 
sidewalks  or  pubHc  grounds  of  said  city,  by  Grantee,  in  constructing, 
placing,  rcmo\4ng  or  repairing  any  of  its  said  mains,  pipes,  hydrants, 
or  other  structures,  appurtenances  or  devices,  and  all  bridges,  streets, 
alleys,  walks  and  other  public  grounds  entered  upon  by  Grantee, 
shall,  by  Grantee,  be  restored  promptly  to  so  near  as  may  be  their 
like  former  good  condition.  In  filling  excavations,  the  dirt  shall  be 
frequently  well  tamped  with  a  suitable  tamping  tool,  or  flushed,  and 
all  dirt  removed,  except  a  quantity  equal  to  the  volume  of  the  pipe 
or  pipes  shall  be  restored  in  said  filling;  if  the  excavation  be  made  in 
a  paved  or  otherwise  permanently  built  street  or  walk,  the  perma- 
nent structure  shall  be  restored  by  Grantee  in  the  same  order,  and  in 
the  like  condition,  in  which  the  same  was  found;  if  in  sodded  ground, 
the  sod  shall  be  fully  restored.  In  case  the  grantee  should  fail  or 
neglect,  for  an  unreasonable  time,  to  comply  with  the  conditions  of 
this  section  at  any  point  within  said  city.  Grantor  may,  without 
notice  or  demand,  perform  such  conditions  for  Grantee,  and  charge 
the  cost  thereof  against  any  sums  otherwise  due  or  payable  to  Grantee 
on  account  of  water  service,  or  collect  such  cost  by  process  of  law. 
Grantee  shall  keep  and  hold  the  city  harmless  from  any  damage  to 
persons  or  property  arising  out  of  the  operations  of  the  Grantee  or  its 
servants  under  the  authority  of  this  ordinance.  In  making  excava- 
tions, Grantee  shall  keep  red  danger  lights  at  night  along  the  line  of 
the  same  at  no  greater  intervals  than  one  hundred  feet,  and  shall 
maintain  barricades  at  the  ends  of  such  excavations  and  at  all  street 
and  alley  intersections  therealong. 

1208.  §  6.  The  city  council  may,  by  ordinance,  at  any  time  here- 
after, require  Grantee  to  make  further  extensions  of  its  mains  and 
pipes  and  establish  and  maintain  additional  fire  hydrants,  without 
unnecessary  delay:  Provided,  such  ordinance  shall  provide  for  at 
least  one  hydrant  for  each  five  hundred  feet  of  pipe  extension,  except 
that  when  such  extension'  is  of  one  single  entire  block,  the  block  not 
being  longer  than  six  hundred  and  seventy-five  feet  from  inside  to 
inside  line,  one  hydrant  only  may  be  provided  for,  and  Grantee  shall 
make  the  extension  accordingly.     Grantee  shall  have  the  right  to 


SPECIAL   ORDINANCES  377 


select  either  side  of  the  street  in  making  said  extensions,  and  may 
place  the  hydrants  on  such  extensions  on  the  same  or  the  opposite 
side,  at  its  option.  Should  Grantee  fail  or  neglect,  for  the  space  of 
sixty  days  after  the  adoption  of  any  ordinance,  requiring  such  ex- 
tensions and  hydrants,  to  begin  in  good  faith  the  work  by  said  ordi- 
nance required,  or  should  fail  or  neglect  to  carry  forward  such  work 
with  all  reasonable  dispatch,  then,  and  in  such  case,  the  Grantor 
shall  have  the  right  to  make  said  extensions  and  install  said  hydrants, 
(or  to  complete  such  work  in  case  the  same  shall  have  already  been 
begun  by  Grantee),  and  charge  the  cost  thereof  to  Grantee,  or  collect 
said  cost,  as  provided  in  section  5  hereof. 

1209  §  7.  Grantee  shall  not  charge  to  consumers,  during  the 
continuance  of  the  franchise  granted  by  this  ordinance,  to  exceed  the 
following  maximum  annual  rates,  said  rates  and  charges  shall  be  as 
follows,  to-wit: 

Said  Danville  Water  Company,  at  its  option,  may  place  and 
maintain  a  water  meter  upon  the  service  pipe  of  any  consumer,  and 
may  furnish  such  supply  of  water  to  such  consumer  at  the  meter  rates 
hereinafter  fixed,  instead  of  at  fixture  or  house  rates,  hereinafter  set 
forth. 

And  any  consumer,  at  his  option,  may  require  Grantee  to  furnish 
such  supply  of  water  at  meter  rates;  provided,  however,  that  unless 
the  annual  consumption  of  such  water,  at  such  meter  rates,  shall 
amount  to  the  sum  of  twenty  dollars,  such  meter  shall  be  put  in  and 
maintained  by  the  consumer  at  his  own  expense,  and  in  all  other  cases 
where  a  meter  is  put  in,  it  shall  be  furnished  by  said  Water  Company 
to  the  consumer  free  of  charge;  and,  provided,  further,  that  the 
minimtun  rate  to  any  consumer,  making  such  optional  requirement, 
shall  be  five  dollars  per  annum. 

For  all  water  furnished  to  private  consumers,  through  a  meter, 
the  rates  and  charges,  per  annum,  figured  on  the  daily  average  con- 
sumption or  each  month,  shall  not  exceed  the  following,  viz: 

METER  RATES. 

50  to       300  gallons,  daily,  25c  per  1,000  gallons. 

300  to       500  gallons,  daily,  22c  per  1,000  gallons. 

500  to    1,000  gallons,  daily,  20c  per  1,000  gallons. 

1,000  to    3,000  gallons,  daily,  18c  per  1,000  gallons. 

3,000  to    5,000  gallons,  daily,  15c  per  1,000  gallons. 

5,000  to  10,000  gallons,  daily,  12^0  per  1,000  gallons. 

10,000  gallons  and  over,  daily,  10c  per  1,000  gallons. 

For  all  water  furnished  to  private  constuners  other  than  that  fur- 
nished at  meter  rates,  the  rates  and  charges  per  annum  shall  not 
exceed  the  following,  viz : 


378 


SPECIAL   ORDINANCES 


Fixture  Rates. 

Banks,  including  one  wash  basin $  7 .00 

Bakery,  for  first  o\x'n  used 10 .  00 

Bakery,  for  each  additional  oven  used 5 .  00 

Barber  shop,  for  first  chair,  inchiding  one  wash  basin 4.00 

Barber  shop,  for  each  additional  chair 2 .00 

Bath  tub,  private,  for  either  hot  or  cold  water 3.00 

Bath  tub,  in  hotel  or  boarding  house 6.00 

Bathtub,  public,  first  tub 8.00 

Bath  tub,  public,  each  additional  tub 5 .00 

Brewery,  per  barrel  brewed ,  .        .05 

Billiard  saloon,  for  first  table,  including  one  wash  basin 4.00 

Billiard  saloon,  for  each  additional  table 1 .  00 

Blacksmith  shop,  for  first  forge 3 .  50 

Blacksniith  shop,  for  each  additional  forge 1 .50 

Bookbindery,  employing  six  hands  or  less,  including  one  wash 

basin 8.00 

Bookbindery,  each  additional  hand  over  six 50 

Building  purposes,  for  wetting  brick  and  making  mortar,  per 

1,000  brick  laid 08 

For  stone  work,  per  perch 06 

For  plastering  per  100  square  ^^ards 25 

The  minimum  charge  for  buikling  purposes  shall  be 1 .  00 

Brick  yard,  per  1,000  brick,  kiln  count • 06 

Butcher  shop,  including  one  faucet  over  sink 7.50 

Candy  factories,  confectioneries  and  ice  creain  saloons,  em- 
ploying four  hands  or  less,  including  one  faucet  over  sink...      7 .50 

Same  for  each  additional  hand  over  four 50 

Cigar  factories,  employing  six  hands  or  less,  including  one 

wash  basin 8 .  00 

Cigar  factories,  for  each  additional  hand  over  six 50 

Distilleries,  per  ban-el  distilled 07 

Dveing  and  scouring  establishments,  including  one  faucet  over 

sink .' 8.00 

Halls  and  theaters,  including  one  wash  basin — from  $5.00  to  25.00 
Hotels  and  boarding  houses,  eight  rooms  or  less,  including  one 

faucet  over  sink 8 .  00 

Hotels  and  boarding  houses  for  all  rooms  from  8  to  13  per  room       .  75 
Hotels  and  boarding  houses,  for  all  rooms  over  13,  per  room.  .        .50 

Laundries,  including  one  faucet  over  sink  from $10  to  30.00 

Offices,  including  one  wash  basin  (no  house  rates  to  be  added)     4.00 
Printing  office,   employing  six  hands  or  less,  including  one 

faucet  over  sink 8 .  00 

Printing  offxes,  each  additional  hand  over  six 50 

Photograph   galleries,   including   one   faucet  over  sink  from 

$8.00  to 15.00 


SPECIAL    ORDINANCES  379 


Restaurants  and  oyster  saloons,  including  one  faucet  over  sink 

from  $8.00  to _.  .  . .  .$15.00 

Stable,  private,  for  watering  one  horse  and  washing  carriage. .  2 .  50 

Stable,  private,  for  watering  one  horse  or  cow 1 .  50 

Stable,  private,  for  each  additional  horse  or  cow 1 .  00 

Stable,  livery  or  feed,  for  six  horses  or  less,  including  carriage 

washing 10 .  00 

Stable,  livery  or  feed,  for  each  additional  horse 1 .  00 

Sleeping  rooms,  including  one  wash  basin  (no  house  rate  to  be 

added) 4.00 

Saloon,  for  water  through  one  faucet 10.00 

Saloons,  for  each  additional  faucet  (unless  some  other  rate  is 

herein  fixed) 4 .  00 

Sprinkling  carts  per  1,000  gallons 10 

Steam  boilers,  10  hours  per  day,  per  horse  power  up  to  10.  .  .  2.00 

Steam  boilers,  10  hours  per  day,  per  horse  power  over  10 1 .  00 

Steam  boilers,  for  house  heating 5 .  00 

Steam  heater,  for  hot  water  for  kitchen  or  bath  tub,  private .  .  1 .  50 
Stores  and  shops,  20  feet  front  or  less,  including  one  wash  basin 

or  sink 6 .  00 

Stores  and  shops,  for  each  additional  foot  over  20 25 

Stores  and  shops,  for  sprinkling  sidewalks  and  street,  20  feet 

front  or  less 3 .  00 

Stores  and  shops,  for  sprinkling  sidewalks  and  street,  per  front 

foot  over  20  feet 15 

Tenement  houses,  same  rates  as  for  dwelling  houses. 

Urinals,  public,  self-closing 5 .00 

Water  closet,  private  (if  not  taken  in  connection  with  house 

rates) 3.00 

Water  closet,  public 6 .  50 

Wash  basin,  private  (if  not  free,  or  if  not  taken  in  connection 

with  house  rates) 2 .  00 

Wash  basin ,  public 3 .  00 

Domestic  Rates. 
Dwelling  house,  occupied  by  one  family,  containing  five  (5) 
living  rooms  or  less,  for  all  water  required  for  domestic  pur- 
poses, for  one  faucet,  under  which  the  consumer  may  place, 

free  of  charge,  either  a  sink  or  basin $  5 .00 

And  for  each  additional  room  over  five 50 

Additional  fixtures  to  be  added  to  the  room  rates  as  follows : 

Water  closet 2.50 

Bath  tub,  for  hot  or  cold  water 2 .  50 

Wash  basin 50 

Sprinkling  yards  and  lawns,  50  feet  front  or  less,  by  150  feet 

deep  or  less,  4  hours  per  day,  7  to  9,  a.  m.  and  5  to  7  p.  m .  .      3 .  50 
For  each  additional  foot  front 06 


380  SPECIAL   ORDINANCES 


Sprinkling  sidewalk  and  one-half  the  street  or  less $  3 .  00 

For  each  additional  front  foot OvS 

Fountains,  nnming  6  hours  per  day,  1-16  inch  orifice  or  less.  .      7 .00 

Fountains,  running  6  hours  per  day,  1-8  inch  orifice 10.00 

Fountains  ninning  6  hours  per  day,  or  having  over  1-8  inch 

orifice,  at  meter  rates . 
For  all  water  furnished  for  any  purpose  not  above  particularly 

specified,  meter  rates  shall  be  charged. 

The  above  rates,  except  ineter  rates,  are  all  payable  in  advance, 
in  quarterly  installments,  on  May  first,  August  first,  November 
first  and  Febcuary  first,  of  each  year.  SprinkHng  rates  are  payable 
for  the  season,  viz:  For  eight  months,  beginning  April  first  of  each 
year.     Meter  rates  shall  be  due  and  payable  at  the  end  of  each  month. 

And  Grantor  expressly  reserves  to  itself  the  right  to  fix  by  ordi- 
nance, once  in  five  years,  the  maximiim  rates  to  be  charged  by  said 
Grantee  for  water  furnished  by  Grantee  to  public  and  private  con- 
sumer: Provided,  that  such  rates,  so  fixed,  shall  be  just  and  reason- 
able; and,  provided,  further,  that  the  right  herein  reserved  to  fix  new 
rates  shall  not  be  exercised  prior  to  the  first  day  of  June,  1912. 

1210.  §  8.  At  the  expiration  of  five,  ten,  fifteen,  twenty  and 
twentv-five  years,  respectively,  after  June  first,  1907,  said  city  ex- 
pressly reserved,  as  a  condition  on  which  said  franchise  is  granted,  and 
as  a  condition  of  grantee's  authority  and  right  to  act  under  this  ordi- 
nance, the  right  to  purchase  said  works,  with  its  privileges  and  prop- 
erty, at  a  price  equal  to  a  fair  valuation  of  all  tangible  property.  In 
the  event  grantor  and  grantee  shall  fail  to  agree  on  such  price,  three 
disinterested  appraisers  of  good  intelligence,  not  residents  of  the 
County  of  Vermilion,  shall  be  chosen  and  sworn  to  determine  such 
price,  together  with  the  amount,  kind  and  character  of  the  outstand- 
ing indebtedness  of  grantee,  and,  also,  all  unperfomied  contracts  of 
grantee  for  furnishing  water.  One  such  appraiser  shall  be  appointed 
by  grantor,  one  by  grantee,  and  one  by  the  two  as  chosen.  When 
said  appraisers  shall  have  been  so  chosen,  and  before  they  shall 
determine  said  price,  grantor  and  grantee  shall,  each,  at  its  option, 
have  the  right  to  call  non-resident  experts,  not  exceeding  three  in 
number  in  behalf  of  each  party,  to  give  testimony  under  oath  before 
said  appraisers  as  to  such  price,  debts  and  unperfonned  contracts. 
The  appraisers  shall  then  proceed  to  determine  such  price,  the 
amount,  kind  and  character  of  said  indebtedness  and  said  unper- 
formed contracts.  For  the  purpose  of  which  enquiry  and  determi- 
nations of  the  appraisers,  grantee  shall  furnish  said  appraisers  all 
the  information  in  its  possession  relative  thereto ;  and  said  appraisers 
shall  have  access  to  any  and  all  books  and  records  of  grantee  concern- 
ing or  affecting  the  aforesaid  matters  of  enquir}^  and  detenninations, 
and  grantee  shall  produce  the  same,  at  the  request  of  said  appraisers 


SPECIAL   ORDINANCES  381 


at  Danville,  Illinois,  and  shall  keep  and  maintain  the  same  at  said 
city  so  long  as  may  be  necessary  for  the  use  and  inspection  of  said 
appraisers  and  of  one  expert  to  be  named  by  said  appraisers.  And 
said  appraisers,  experts  and  representatives  of  both  grantor  and 
grantee  (but  not  more  than  three  such  representatives  at  any  one 
time)  shall  have  full,  free  and  fair  opportunity  to  go  upon  the  premi- 
ses of  grantee  so  often  as  may  be  necessary  while  such  appraisers  are 
making  their  said  investigations  so  as  to  inspect  and  examine  into  the 
quality,  character,  quantity  of  the  works  and  property  in  question. 
Two  of  said  appraisers  shall  constitute  a  quorum  at  any  adjourned 
meeting,  and  at  any  other  meeting  notice  whereof  shall  have  been 
given  to  all  such  appraisers  at  least  three  business  days  prior  to  said 
meeting.  After  the  said  appraisers  shall  have  reached  their  con- 
clusions, in  which  conclusions  at  least  two  of  the  three  shall  join, 
they  shall  report  the  same  in  writing  to  grantor  and  grantee;  but  be- 
fore proceeding  with  the  aforesaid  examination,  said  appraisers  shall 
make  such  public  and  general  or  special  notice  as,  in  their  opinion, 
is  reasonably  neccssar}',  of  the  fact  of  their  appointment  and  of  their 
intention  to  proceed  as  aforesaid,  and  any  creditor  or  water  taker 
of  grantee  shall  have  the  opportunity  to  be  present,  by  himself  or 
by  his  duly  accredited  agent  or  representative,  at  the  sessions  of 
such  appraisers,  to  see  that  his  interests  are  fairly  presented.  After 
the  report,  of  said  appraisers,  grantor  shall  have  the  option  of  re- 
fusing to  purchase,  or  may  purchase,  at  the  price  agreed  on  by  said 
appraisers.  If  grantor  purchase,  it  shall,  within  three  months  after 
the  filing  of  the  report  of  said  appraisers,  give  to  grantee  notice  in 
writing  of  its  decision  so  to  purchase.  In  the  event  of  such  purchase, 
grantor  shall,  on  the  first  day  of  June  next  succeeding  the  filing  of  said 
appraisers'  report,  pay  such  price  in  cash,  less  the  deductions  herein- 
after provided,  and  grantee  shall,  immediately  upon  such  payment. 
deliver  to  grantor  full  ownership  and  possession.  If  grantor  shall 
refuse  to  purchase  after  such  appraisement  shall  have  been  made, 
grantor  shall  bear  and  pay  all  expenses  made  by  and  in  such  appraise- 
ment. Grantor,  as  part  of  said  purchase  price,  shall  assume  and  per- 
form all  unfinished  contracts  of  grantee  for  furnishing  water,  and  shall 
assume,  also,  as  part  of  said  purchase  price,  all  debts  of  grantee; 
provided,  the  total  assumptions  and  obligations  of  grantor  in  such 
case  shall  not  exceed  the  total  of  said  purchase  price;  but  as  to  such 
excess,  if  any,  grantor  shall  take  title  free  and  clear  of  the  same. 
If  grantor  shall  desire  to  avail  itself  of  the  aforesaid  right  to  purchase 
it  shall  so  declare  by  resolution  of  the  city  council,  a  certified  copy 
whereof  shall  be  delivered  to  grantee  at  least  one  year  prior  to  the 
termination  of  one  of  the  aforesaid  periods  at  which  the  right  of 
purchase  may  be  exercised. 

1211.     §  9.     The  said  City  of  Danville  hereby  rents  of  grantee, 
for  the  uses  and  purposes  hereinafter  stated,  each  of  the  fire  hydrants. 


382  SPECIAL    ORDINANCES 


hereinbefore  described,  for  and  durin<;  the  tenn  from  and  after  the 
passage  of  this  ordinance  to  and  until  the  first  day  of  June,  A.  D. 
1932  (subject  however,  to  all  exceptions,  conditions,  reservations,  and 
limitations  of  this  ordinance) ;  and  said  city  hereby  agrees  (subject 
to  the  like  exceptions,  conditions,  reservations  and  limitations)  to 
pay  rent  for  each  hydrant  at  the  following  rates,  to-wit:  For  each 
hydrant  in  this  ordinance  designated,  and  for  each  such  other  hydrant 
as  may  in  future  be  provided  for  and  required  in  m.anner  outlined  in 
said  ordinance,  forty  dollars  per  year,  the  rent  as  to  each  of  said 
hydrants  to  begin  from  the  time  when  each  shall  have  been  placed 
in  successful  operation,  and  to  be  due  and  payable  in  quarterly 
installments  on  the  first  day  of  February,  May,  August  and  Novem- 
ber in  each  year:  Provided,  however,  that  all  obligations  on  the 
part  of  grantor  to  take  or  pay  for  water,  and  to  rent  or  pay  rent 
for  the  use  of  hydrants,  as  well  as  all  rights,  privileges  and  franchises 
of  grantee,  shall  terminate  and  cease  as  soon  as  grantor  shall  have 
purchased  and  paid  for  the  works  and  property  of  grantee,  as  herein- 
before pro\4ded :  Provided,  hovuever,  that  the  rental  as  to  the  above 
mentioned  hydrants  Nos.  376,  377,  378,  379  and  380  (being  former 
hydrants  Nos.  21,  22,  23,  24,  and  25  in  the  former  village  of  Roselawn), 
shall  begin  on  the  first  day  of  May,  1911. 

1212.  §  10.  The  fire  hydrants  rented  as  aforesaid  shall  be  used 
only  for  the  extinguishment  of  fires,  dispersing  of  mobs  and  rioters, 
and  for  flushing  public  sewers  or  gutters  through  a  hose  and  fire 
nozzle,  and  each  of  said  hydrants  shall  constantly  furnish  effective 
fire  streams  without  the  aid  of  portable  engines.  For  no  purpose 
except  the  extinguishment  of  fires  shall  any  one  hydrant  be  used 
exceeding  the  space  of  thirty  minutes  in  any  single  period  of  twelve 
hours,  nor  more  than  one  hydrant  opening  be  turned  on  (except  for 
fire  service)  at  the  same  time,  in  every  which  case  no^ice  shall  first' 
be  given  the  grantee.  At  the  time  of  fire  no  hydrant  shall  be  used 
for  other  than  fire  purposes:  Provided,  however,  that  because  of 
the  altitude  of  that  part  of  said  City  of  Danville,  which  was  formerl}^ 
the  Village  of  Roselawn,  to-wit,  that  portion  of  said  city  lying  north 
of  Voorhees  street,  and  the  distance  of  the  same  from  the  pumping 
station  of  part  of  the  hydrants  located  in  said  territory,  grantee  does 
not  undertake  to  furnish  any  given  pressure  at  any  of  the  fire  hydrants 
in  said  territory,  it  being  understood  and  agreed  that  whenever  the 
grantee  shall  maintain  in  its  pipes  and  mains  at  Voorhees  street, 
the  hydrant  and  domestic  pressure  necessary  to  fiilfill  its  above 
undertakings  with  the  city,  that  when  the  consequent  pressure  in  any 
part  of  the  former  village  of  Roselawn  shall  be  deemed  and  held  to  be 
sufficient  under  this  ordinance. 

1213.  §  11.  Grantee  shall,  at  all  times,  keep  all  said  fire  hydrants 
in  effective  working  order.  The  chief  of  the  fire  department  of  said 
city,  or  such  other  persons  or  officers  as  may  from  time  to  time  be 


SPECIAL    ORDINANCES  383 


designated  by  ordinance  or  resolution  of  the  city  council,  shall  have 
charge  and  control  of  such  hydrants,  and  may,  at  any  time,  cause  the 
same  to  be  inspected.  If,  on  inspection,  any  hydrant  shall  be  found 
not  in  effective  working  order,  whether  from  want  of  adequate  pres- 
sure, as  aforesaid,  or  for  want  of  repair,  he  shall  forthwith  notify 
grantee  by  notice  in  writing  delivered  to  any  agent  or  employe  of 
grantee  at  its  pumping  station  or  at  any  ofhce  or  place  of  business  of 
grantee  within  said  city,  of  which  inspection  and  notice  he  shall  ad-- 
vise  the  city  council  at  its  next  session,  together  with  his  further  acts, 
if  any,  in  the  premises.  And  in  case  any  such  hydrant  shall  remain 
out  of  effective  working  order  for  one  week  or  more  after  the  delivery 
of  the  aforesaid  notice,  grantor  shall  deduct  from  the  rental  or  other 
charges  payable  to  the  grantee,  the  sum  of  ten  dollars  per  week,  or 
major  fractional  part  of  a  week,  until  such  hydrants  shall  have  been 
placed  in  effective  working  order,  and  notice  thereof,  in  writing, 
ccJmmunicated  by  grantee  to  the  said  chief  of  the  fire  department: 
Provided,  the  total  deductions  as  to  any  one  hydrant  for  any  such 
period  shall  not  exceed,  in  any  one  year,  double  the  yearly  rental 
thereof.  And  in  case  grantee,  at  any  time  hereafter,  shall  fail  to 
supply  water  for  fire  purposes,  as  required  by  this  ordinance,  for  a 
period  of  thirty  days,  or  for  other  than  fire  purposes,  shall  fail  so  to 
supply  water  for  a  period  of  sixty  days,  then,  and  in  either  such  case 
grantee  shall,  ipso  facto,  forfeit  its  franchise,  and  therewith  all  rights 
and  privileges  thereunder  and  under  the  terms  of  this  ordinance ;  Pro- 
vided, however,  unavoidable  casualty  shall  be  deemed  a  complete  and 
sufficient  excuse  for  grantee's  failure  so  to  furnish  water. 

1214.  §  12.  Grantee  shall  furnish  water  free  and  without  cost 
to  grantor  for  not  more  than  fifteen  public  drinking  fountains  for  man 
and  beast,  as  the  same  may  now,  or  may  hereafter  be  established  by 
said  city,  as  well  as  for  the  city  hall,  offices,  city  jails,  police  and  fire 
stations,  public  library,  and  all  other  buildings  and  rooms  that  may 
now  or  hereafter  be  maintained  by  said  city  for  exclusively  public 
purposes,  for  flushing  the  sanitary  sewers  of  said  city,  Grantee  shall 
furnish  water  to  the  extent  of  two  hundred  and  fifty  gallons  per  diem 
per  flush  tank  maintained  by  said  city,  free  of  charge.  For  any 
excess  of  water  used  by  said  flush  tanks,  above  said  two  hundred  and 
fifty  gallons,  grantor  shall  pay  at  the  rate  of  five  cents  per  thousand 
gallons.  For  street  sprinkling  purposes,  grantee  shall  furnish  and 
supply  with  water,  stands  and  pipes  suitable  for  filling  sprinkling 
carts,  as  the  same  may  be  required  from  time  to  time,  by  said  city, 
for  the  accommodation  of  public  or  licensed  sprinklers,  at  the  rate 
of  eight  cents  per  one  thousand  gallons;  and  for  all  other  purposes 
for  which  the  said  city  may  require  or  use  water  for  public  comfort, 
welfare  or  convenience,  grantee  shall  furnish  water  at  five  cents  per 
one  thousand  gallons.  All  public  drinking  fountains  shall  be  sup- 
plied with  automatic  valves  or  with  self-closing    faucets,  so  as  to 


384  SPECIAL   ORDINANCES 


prevent  wastage  of  water,  and  all  such  fountains  shall  be  run  only 
when  the  weather  is  not  of  freezing  temperature. 

1215.  §  13.  The  said  water  company  shall  provide  and  maintain 
at  its  own  expense  a  telephone  or  other  electric  line  affording  connec- 
tion between  its  pump  house  and  each  principal  fire  department 
station,  for  use  during  fires,  the  city  to  furnish  its  own  instruments 
and  keep  said  system  in  repair.  Grantor  shall  give  grantee  prompt 
notice  by  electric  signal  or  otherwise  of  the  outbreak  and  the  ex- 
tinguishment of  every  fire  . 

1216.  §  14.  The  said  city  shall  adopt  and  enforce  ordinances 
protecting  the  said  water  company  in  the  safe  and  unmolested  exer- 
cise of  these  franchises,  and  against  fraud  and  imposition,  and  against 
injury  to  its  property  and  waste  of  water  by  consumers ;  and  the  said 
water  company  may  make  and  enforce  as  part  of  the  conditions  upon 
which  it  will  supply  private  water  consumers,  such  rules  and  regula- 
tions as  may  be  reasonable  and  necessary,  and  not  inconsistent  with 
the  law. 

1217.  §  15.  From  the  time  when  this  ordinance  shall  go  into 
force  and  effect,  as  aforesaid,  said  ordinance  shall  be  deemed  and  held 
(so  far  as  the  same  is  not  inconsistent  with  the  provisions  of  law)  to 
constitute  the  sole  and  only  basis  and  authority  whereby  the  relative 
rights  and  interests  of  grantee  and  grantor  may,  or  ought  to  be,  ascer- 
tained. Grantee's  rights,  privileges  and  franchises,  under  authority 
of  said  city  shall  not  be  held  to  extend  beyond  the  terms  and  con- 
ditions of  this  ordinance,  but  shall,  in  all  respects,  be  strictly  limited 
thereby  and  thereto. 

1218.  §  16.  All  ordinances,  above  designated  and  specified,  and 
all  other  ordinances  not  consistent  with  the  terms  of  this  ordinance 
are,  each  and  all,  hereby  repealed. 

For  schedule  "A,"  "B,"  "C"  and  "D,"  see  Ordinance  Record  5, 
pages  130  to  140. 

Passed  August  23d,  1907,  in  force  without  the  approval  of  the 
Mavor. 


INDEX 


INDEX 

(References  are  to  Marginal  Paragraphs.) 

ABSENCE 

no  appointive  officer  without  leave,  834. 

ACCOUNTS  (See  also  Reports).        laws. 

to  be  kept  separately  with  each  fund,  119,  508. 

monthly  statements  to  be  made  by  treasurer,  121. 

special  tax  to  be  kept  separately,  125. 

annual  account  of  treasurer  to  be  published,  123. 

of  collector,  134. 

of  bonds  issued  and  paid,  140. 

finance  committee  to  settle  controversies,  142. 

ACCESSORIES  ordinances. 

defined,  and  punishment  prescribed,  816. 
ACTIONS  LAWS, 

to  recover  fines  and  penalties,  57. 
jurisdiction  of  justices  of  the  peace,  60. 
appeal  bond  not  required,  516. 
damages  by  mobs,  230  to  236. 
mechanics'  liens,  449. 

for  violation  of  ordinance,  how  begun,  59. 
taxpayer  may  enforce  rights  in  name  of  city,  511. 

bond  for  costs,  511. 
of  debt  for  recovery  of  penalty  for  intoxication  of  city  official,  222. 

ORDINANCES. 

procedure  in  case  of  impounded  animals,  583. 
destruction  of  gaming  devices,  788. 
damaged  buildings  in  fire  limits,  646. 

ADDITIONS  (See  Plats). 

ADULTERATED  FOODS  ordinances. 

penalty  for  selling,  699. 

ADVERTISEMENTS  laws. 

power  to  regulate  posting  of,  52,  17th  and  18th  clauses, 
may  be  let  by  contract,  52,  94th  clause, 
for  bids  for  sale  of  city  property,  213. 
bids  for  local  improvements,  420. 

ORDINANCES. 

of  sale  of  impounded  animals,  578,  590. 
for  bids  for  stationery,  etc.,  664. 
posting  on  private  property  prohibited,  772. 
posting  in  parks  forbidden,  852. 

ALDERMEN  (See  City  Council). 

AMUSEMENTS  laws. 

power  to  regulate,  52,  41st,  58th  and  92d  clauses 

ordinances. 
licenses  required  for  shows,  etc.,  565. 
fees  for  licenses,  566. 


388 


INDEX 


(References  are  to  Marginal  Paragraphs.) 

A  M  U  SE  M  E  NTS— Continued. 

register  to  be  kept  of  licenses  issued,  574. 

theater  license,  567. 

billiard  table,  568. 

shooting  galleries,  etc.,  570. 

roller  skating  and  polo,  571. 

pin  alleys,  573. 

entertainments  prohibited  in  saloons,  574. 

good  order  to  be  kept,  575. 

no  chairs  in  aisles,  576. 

loitering  about  lobbies  prohibited,  577. 

building  regulations  in  theaters,  637. 

fortune  telling,  etc.,  749. 

penny  arcades,  566. 

Nvild  west  shows,  566. 

ANIMALS  L.wvs. 

power  to  regulate  speed  of,  52,  21st  clause, 
punish  cruelty  to  animals,  52,  73rd  clause, 
prevent  cock  fighting,  etc.,  52,  59th  clause, 
regulate  running  at  large,  52,  80th  clause, 
tax  on  dogs,  52,  80th  clause. 

ORDINANCES. 

running  at  large  prohibited,  578. 
may  be  impounded  by  police,  579. 

or  by  any  citizen,  580. 
chief  of  police  ex-officio  poundkeeper,  581. 
redemption  of  impounded  animals,  582,  584. 
procedure  before  magistrate,  583. 
order  of  sale,  form  of,  584. 
notice  of  sale,  585. 
order  to  be  returned  after  sale,  586. 
officer  prohibited  from  purchasing,  587. 
fees  for  impounding,  588. 
compensation  for  feeding,  589. 
fees  for  advertising  and  selling,  590.  . 

hindering  impounding,  breaking  pound,  591. 
wrongful  taking  up,  592. 
I  dogs,  hydrophobia,  proclamation,  593. 
vicious  and  dangerous  dogs,  594. 
keeping  bitch,  595. 
cruelty  to  animals,  596. 
cock  fighting,  etc.,  597. 

unfastened  not  to  be  left  in  uninclosed  place,  767. 
not  to  be  hitched  to  trees  in  park,  852. 

ANNEXATION  l.wvs. 

of  unincorporated  territor\%  by  petition  and  election,  144. 
may  also  be  initiated  by  owners  by  petition  to  court,  150. 
of  one  corporation  to  another,  145  (see  also  below), 
proceedings  initiated  by  corporation,  146. 
notice  in  such  cases,  147. 
objections,  148. 
trial  and  findings,  149. 
map  and  ordinance  to  be  recorded,  151. 
judicial  notice  of  changes,  153. 
petition  for  the  annexation  of  one  city,  or  part  of  a  city,  158. 


INDEX  389 

(References  are  to  Marginal  Paragraphs.) 

APPEALS  LAWS. 

to  finance  committee  of  controversies  over  accounts  of  officers,  142. 
appeal  bond  not  required,  516.  » 

from  orders  of  fire  and  police  commissioners,  264. 

appeal  from  condemnation  judgment  under  local  improvement  act,   372, 
374,443. 

from  judgment  confirming  assessment,  399,  443. 

APPLICATIONS  ORDINANCES. 

building  permit,'  649. 

pUmibing  permit  for  house  drainage,  etc.,  872. 

cigarette  license,  655. 

dram  shop  license,  720. 

wholesale  liquor  license,  720. 

druggist's  permit,  739  to  746. 

auctioneer  and  other  licenses,  662. 

scavenger  license,  704. 

for  plumber's  license,  858. 

for  use  of  sewers,  955. 

for  moving  buildings,  999. 

for  permit  to  use  street  while  building,  633. 

APPROPRIATIONS  (See  Finance). 

AREA-WAYS  laws. 

power  to  regulate  structures  under  sidewalks,  52,  14th  clause. 

ordinances. 
conditions  under  which  same  may  be  used,  632-967. 
adjoining  sidewalks,  to  be  guarded,  967. 

ARRESTS  laws. 

may  be  made  by  mayor,  alderman,  policemen,  etc.,  8,  101. 
on  warrant  or  violation  of  an  ordinance,  59. 
may  be  made  by  sheriff  or  constable,  61. 
city  marshal  has  powers  of  constable,  91. 

ordinances. 
may  be  made  without  warrant  when,  903,  915. 
Prisoner  to  be  brought  before  magistrate,  910. 
if  drunk,  to  be  detained  until  sober,  911. 
if  at  night,  may  be  held  until  morning,  912. 
bail,  913. 
statement  to  be  filed,  914. 

ASHES  .  LAWS. 

power  to  regulate  depositing  of,  in  streets,  etc.,  52,  15th  and  63rd  clauses. 

ordinances. 
not  to  be  deposited  near  buildings,  669. 
nor  in  alleys,  996. 

ASSEMBLAGES  laws. 

power  to  suppress  unlawful  assemblies,  52,  72d  clause. 

ordinances. 
unlawful,  prohibited,  813. 
permitting  same,  prohibited,  814. 

ASSAULTS,  ETC.  ordinances. 

simple  assault,  assault  and  battery,  assault  with  a  deadly  weapon,  punish- 
ments prescribed,  768. 

ASSISTANT  FIRE  CHIEF        ordinances. 
duties  of,  673. 


390  INDEX 

(References  are  to  Marginal  Paragraphs.) 

ATTEMPT  ORDINANCES. 

punishment  prescribed,  817. 
ATTORNEYS  (See  City  Attorney,  and  Corporation  Counsel). 
AUCTIONEERS  laws. 

power  to  license  and  regulate,  52,  91st  clause. 

ORDINANCES. 

licenses  fees,  749. 
bond,  752. 

revocation  of  license,  755. 
penalty  for  carrying  on  without  license,  757. 
AUTOMOBILES  laws. 

power  to  regulate  speed,  52,  21st  clause. 

ORDINANCES. 

limitation  of  speed,  1002. 
lights,  1003. 
bells  or  horns,  1003. 

license  required  if  used  for  transporting  passengers  for  hire,  1004. 
to  obev  law  of  the  road,  1001. 
brakes' and  mufflers,  1005,  1006. 
scaring  horses,  1007. 
when  to  stop  or  turn,  990,  991,  993. 
glass  in  street,  985. 
AWNINGS  ^  LAW^s. 

power  to  regulate,  52,  17th  clause. 

ORDINANCES. 

all  except  canvass,  prohibited  in  fire  limits,  971. 
not  to  be  supported  by  posts,  971. 

BADGES  ORDINANCES. 

firemen  to  wear,  675. 
police  to  wear,  926. 

BAIL  ORDINANCES. 

may  be  taken  from  offender  before  trial,  913. 
may  be  forfeited  for  failure  to  appear,  913. 

BALL  ALLEYS  laws. 

power  to  regulate,  tax  and  prohibit,  52,  44th  clause. 

ORDINANCES. 

license  for  running,  573. 
penalty  for  keeping  without  license,  565. 
to  be  closed  on  Sundays,  574. 
not  to  keep  open  later  than  11  o'clock,  574. 
minors  not  to  play  at  games  in  saloon,  731. 
banana  peelings;  fine  for  throwing  on  sidewalk,  976. 
BARBED  WIRE  FENCES  laws. 

prohibited  along  street,  997. 

BATHING  BEACHES  laws. 

acquired,  52,  97th  clause. 
BAWDY  HOUSE  laws. 

power  to  suppress,  52,  45th  clause. 

within  three  miles  outside  the  city,  52,  45th  clause, 
on  rivers,  65. 
licensing  prohibited,  66. 

ORDINANCES. 

penalty  for  conducting,  792. 

leasing  premises  for  prostitution,  797. 


INDEX  391 

(References  are  to  Marginal  Paragraphs.) 

BEES  LAWS, 

prohibited,  770. 

BICYCLES  LAWS. 

power  to  regulate  speed  of,  52,  21st  clause. 

ORDINANCES. 

limitation  of  speed,  1002. 
lights,  1003. 
bells  and  horns,  1003. 
keep  to  the  right,  1001. 

BILLIARD  TABLES  laws. 

power  to  regulate,  tax  and  prohibit,  52,  44th  clause. 

ORDINANCES. 

not  to  be  kept  without  license,  568. 

to  be  closed  on  Sunday  and  after  11  o'clock,  574, 

minors  not  to  play  at  game  in  saloon,  731. 

BILL  BOARDS  AND  BILL  POSTING 

LAWS. 

to  regulate,  and  prevent,  52,  17th  clause,  63. 

ORDINANCES. 

license  required,  749. 

bonds,  752. 

bill  boards,  which  are  dangerous,  771. 
posting  in  parks  prohibited,  852. 
posting  on  telephone  poles,  etc.,  772. 

BOARD  OF  LOCAL  IMPROVEMENTS  (See  Local  Improvements). 

BONDS  LAWS. 

power  to  issue,  52,  5th  and  6th  clauses. 

record  of  issue  and  payment  to  be  kept,  140, 

funds  to  pay  kept  separate,  119,  508. 

for  local  improvements,  431  to  440,  385,  386. 

referendum  on  issue,  129. 

purchase  of  bonds  and  warrants,  132,  133. 

BONDS,  OFFICIAL  (See  Officers). 

BONFIRES  LAWS. 

power  to  regulate  and  prevent,  52,  65th  clause. 

ORDINANCES. 

not  to  be  kindled  at  night,  etc,  669. 
nor  in  parks,  852. 

BOULEVARDS  laws. 

power  to  establish,  478. 

BOUNDARIES  ordinances. 

city  limits,  598. 
ward  boundaries,  599. 
saloon  limits,  737. 
fire  limits,  641. 

BOYS  ordinances. 

curfew  ordinance,  665. 
loitering  about  churches,  etc.,  798. 
climbing  on  cars,  774. 

BREAD  laws, 

power  to  regulate  sale  of,  and  weight  of  loaf,  52,  52d  clause. 


392 INDEX 

(References  are  to  Marginal  Paragraphs.) 

BRIBERY  LAWS. 

penalty  for  taking,  giving  or  offering,  97,  216,  218,  219. 

disqualifies  an  alderman,  21,  23. 
BRIDGES  LAWS. 

authority  to  construct  and  keep  in  repair,  52,  28th  clause, 
to  establish  toll  bridge,  52,  87th  clause, 
outside  city,  within  five  miles,  159. 
regulate  use  of,  52,  28th  clause, 
regulate  speed  of  vehicles,  etc.,  52,  21st  clause. 

ORDINANCES. 

under  charge  of  committee  on,  948. 
overloading,  773. 

BUILDINGS  LAWS. 

power  to  prescribe  thickness,  strength,  etc.,  52,  61st  clause. 

fire  limits,  52,  62d  clause. 

prohibit  repair  of  old  buildings,  52,  62d  clause. 

construction  of  chimneys,  etc.,  52,  63d  clause, 
erect  engine  house,  52,  64th  clause, 
erect  calaboose,  etc.,  52,  69th  clause. 
erect  all  public  buildings  necessary,  52,  86th  clause. 

doors  to  open  outwards,  488. 

ORDINANCES. 

compliance  with  ordinance  required,  600. 

foundations,  601. 

walls,  materials  and  workmanship,  602. 

thickness,  603. 

increase  or  decrease,  604. 
stone  facing,  606. 

openings,  607. 

fire  walls,  608. 

hollow  walls,  609. 

projections,  610. 

recesses,  611. 

division  walls,  612. 
roofs,  mansard,  613. 

fire-proof,  inside  fire  limits,  614. 

bracing,  615. 

scuttle  holes,  616. 

sky  lights,  617. 
chimneys,  height  and  dimensions,  618. 

floor  beani  to  be  clear  of,  619. 

hearths  and  fire  places,  620. 
heating,  hot-air  furnaces,  621. 

steam  pipes,  622. 

boiler  rooms,  623. 
floors,  strength,  624. 

joists,  625. 
partitions,  626. 

bracing  of  walls  in  frame  buildings,  627. 
stand  pipe,  628. 
fire  escapes,  629. 
hoistway  openings,  630. 
elevators,  631. 

area-ways  under  sidewalk,  632. 
use  of  street  while  building,  633. 
plumbing,  634.     (See  Plumbers  and  Plumbing.) 


INDEX  393 


(References  are  to  Marginal  Paragraphs.) 

BUILDINGS— Continued. 
veneered  building,  635. 
fire-proof  buildings,  636. 
theaters,  churches,  etc.,  637. 
repairs,  permit  required,  638. 

use  of  party  wall,  639. 

increasing  height,  640.  " 

fire  limits,  641. 

wooden  buildings  prohibited,  642. 
not  to  be  moved,  644. 

buildings  to  conform,  643. 
exceptions,  645. 

conditions  as  to  repairing,  646. 
superintendent  of  buildings,  648. 
permits,  applications,  649. 

fees,  650. 
encroaching  on  street,  a  nuisance,  818,  12th  clause, 
veneered  buildings,  605. 
dilapidated,  duty  to  remove,  procedure,  647. 
numbering  of,  977. 
moving  on  streets  in  fire  limits  forbidden,  999. 

on  other  streets,  notice  to  fire  department,  998. 

permit  from  Superintendent  of  Buildings,  999. 

BURGLAR  TOOLS  ordinances. 

penalty  for  having  in  possession,  806. 

BURIAL  PERMITS  ordinances. 

required,  688. 
physician  to  give  death  certificate,  689. 

CALABOOSE  laws. 

power  to  erect  and  govern,  52,  69th  clause, 
prisoners  may  be  detained  over  night  or  Sunday,  101. 
prisoners  not  to  be  furnished  liquor,  223. 

CAPTAINS  OF  FIRE  DEPARTMENT     ordinances. 

duties  of,  674. 
CARS  LAWS. 

power  to  regulate  speed  of,  52,  21st  clause;  81. 

ordinances. 

minors  not  to  climb  on,  774. 

not  obstruct  crossing,  936.  ♦ 

moving  in  the  night  time  to  have  a  light,  940. 
CELLAR-WAYS  ordinances. 

adjoining  sidewalks  to  be  guarded,  968,  969. 
•CEMETERIES  laws. 

may  be  established,  or  removed,  52,  79th  clause;  160,  161,  162. 

ordinances. 

regulation  of,  651,  654. 

permit  for  interment  required,  688. 
CENSUS  LAWS. 

power  to  take  once  in  three  years,  52,  85th  clause. 
CHANGING  NAME  OF  CITY       laws. 

petition  and  procedure,  163  to  171. 
CHIEF  OF  POLICE  laws. 

power  to  prescribe  duties  of,  52,  68th  clause. 


394  INDEX 


(References  are  to  Marginal  Paragraphs.) 
CHIEF  OF  POLICE— Continued. 

ORDINANCES. 

ex-officio  poundkeeper,  581. 

duties  as  to  impounding  and  selling  animals,  579,  585,  586,  590. 

to  enforce  cirgarette  ordinance,  659. 

duty  to  serve  health  notices,  820. 

appointment,  bond,  oath,  825  to  829,  831. 

salary,  843. 

general  duties,  897. 

monthly  reports,  897. 

to  attend  sessions  of  council,  951,  rule  27. 

may  designate  stands  for  hacks,  etc.,  1000. 

CHIMNEYS  LAWS. 

power  to  regulate  construction  of,  52,  63d  clause. 

ORDINANXES. 

thickness,  dimensions,  height,  etc.,  618. 
CIGARETTES  ordinances. 

license  for  sale  of,  655. 

bond,  655. 

fee,  656. 

revocation,  657. 

to  be  posted,  658. 
containing  injurious  substances,  660. 
officers  to  enforce,  659. 

CHURCHES  ^  ORDINANCES. 

building  regulations,  637. 
disturbing  religious  assembly,  778. 
boys  loitering  outside,  798. 
CIRCUSES  LAWS, 

to  tax  and  regulate  shows,  52,  41st  clause. 

ORDINANCES. 

license  required,  565. 
good  order  to  be  maintained,  575. 
wild  west  shows,  566. 
CITY  ATTORNEY  laws. 

to  be  elected  for  term  of  two  years,  40,  90. 

ORDINANCES. 

oath,  826. 

bond,  amount,  827. 

form,  828. 
duties,  838. 
salan,^  843. 

file  statements  against  offenders,  914. 
CITY  COUNCIL  LAWS. 

General — 

number  of  aldermen,  18. 

term  of  office,  19. 

election,  40,  51. 

vacancy  to  be  filed  by  election,  20. 

qualification  of  members,  21. 

not  to  act  as  attorney,  216. 

not  to  be  interested  in  contracts,  21,  216. 

not  to  hold  other  office,  215. 

judge  of  election  of  its  members,  22. 

may  prescribe  rules,  23. 


INDEX  395 

(References  are  to  Marginal  Paragraphs.) 

CITY  COUNCIL— Continued. 

may  expel  a  member  by  two-thirds  vote,  23. 
may  punish  members  for  disorderly  conduct,  23. 
conviction  of  bribery  vacates  office,  23. 
majority,  a  quorum,  24. 
may  compel  attendance  of  members,  24. 
meetings,  25,  33. 
special  by  whom  called,  33. 
chairman  pro  tem,  26. 
sessions,  open  doors,  27. 

shall  keep  journal  of  proceedings,  28.  < 

yea  and  nay  votes  required,  29. 
two-thirds  vote  required  to  sell  property,  29. 
reconsideration  at  special  meeting,  30. 

report  of  committee  to  be  deferred  on  request  of  two  members,  31. 
jurisdiction,  outside  of  limits  to  enforce  health  and  quarantine  regula- 
tions, 32. 
passage  of  ordinance  over  mayor's  veto,  35. 
may  divide  city  into  wards,  42. 
terms  of  aldermen  to  expire  alternately,  43. 
minority  representation,  44,  45. 
members  classified,  43,  46. 
canvass  of  election  returns,  48. 
shall  call  special  elections  to  fill  vacancies,  50,  51. 
Enumerated  Powers,  52. 

to  control  finances  and  property,  52,  1st  clause. 

appropriate  money  and  pay  debts  and  expenses,  52,  2d  clause. 

levy  taxes  52,  3d  and  5th  clauses. 

fix  amount  and  terms  of  issuing  and  revoking  licenses,  52,  4th  clause. 

borrow  money,  limited  to  5  per  cent.,  52,  5th  clause. 

issue  bonds,  52,  5th,  6th  clauses. 

open  and  improve  streets,  etc.,  52,  7th  clause. 

plant  trees,  52,  8th  clause. 

regulate  use  of  streets,  etc.,  52,  9th  clause. 

prevent  obstructions,  etc.,  on  streets,  etc.,  52,  10th  clause. 

provide  for  lighting,  52,  11th  clause. 

cleaning  streets,  52,  12th  clause. 

regulate  openings  in  streets  for  gas,  water,  etc.,  52,  13th  clause. 

use  of  sidewalks  and  area-ways,  52,  14th  clause. 

prevent  throwing  ashes,  etc.,  in  street,  etc.,  52,  15th  clause. 

cross-walks,  curbs  and  gutters,  52,  16th  clause. 

signs,  awnings,  telegraph  poles,  horse  troughs  and  racks,  52,  17th  clause. 

handbills  and  advertising,  52,  17th,  18th  clauses. 

banners,  etc.,  on  streets,  52,  18th,  19th  clauses. 

traffic  on  streets  and  sidewalks,  etc.,  52,  20th  clause. 

speed  of  vehicles  and  animals,  52,  21st  clause. 

speed  of  railroad  cars,  52,  21st  clause. 

numbering  houses,  52,  22d  clause. 

naming  streets,  etc.,  52,  23d  clause. 

laying  of  street  car  tracks,  52,  24th,  90th  clauses. 

railroad  crossings,  etc.,  52,  25th,  26th  clauses. 

flagmen,  etc.,  at  railroad  crossings,  52,  27th  clause. 

compel  R.  R.  to  change  grade,  keep  open  ditches,  etc.,  52,  27th  clause. 

construct  bridges,  etc.,  52,  28th  clause. 

construct  sewers,  etc.,  52,  29th  clause. 

over  water  courses,  52,  30th  clause. 


\ 


396  INDEX 

(References  are  to  Marginal  Paragraphs.) 

CITY  COUNCIL— Continued. 

canals,  docks,  etc.,  52,  31st  to  39th  clauses,  inclusive. 

draining  of  ponds,  etc.,  52,  40th  clause. 

hawkers,  peddlers,  pawn-brokers,  shows,  etc.,  52,  41st  clause. 

hackmen,  etc.,  52,  42d  clause. 

runners,  etc.,  52,  43rd  clause. 

billiard  tables,  pin  alleys,  etc.,  52,  44th  clause. 

houses  of  ill-fame,  52,  45th  clause. 

licensing  prohibited,  66. 
gambling,  52,  45th  clause. 
*■  lotteries,  52,  45th  clause. 

obscene  pictures,  etc.,  52,  45th  clause. 

into.Kicating  liquors,  52,  46th,  47th  and  4Sth  clauses;  240  to  243. 

market  house,  52,  49th  clause. 

sale  of  meats,  poultry,  provisions,  etc.,  52,  50th  clause. 

forestalling  and  re  grating,  52,  51st  clause. 

sale  of  bread,  weight  of  loaf,  etc.,  52,  52d  clause. 

inspection  of  meats,  etc.,  52,  53d  clause. 

inspection  and  weighing  of  coal,  etc.,  52,  54th  clause. 

weights  and  measures,  52,  55th  and  56th  clauses.         • 

vaults,  cisterns,  sewers,  etc.,  52,  57th  clause. 

regulate  places  of  amusement,  52,  58th  clause. 

prevent  intoxication,  cock  fights,  etc.,  52,  59th  clause.  » 

regulate  party'walls,  fences,  etc.,  52,  60th  clause. 

regulate  construction  of  buildings,  52,  61st  clause. 

regulate  construction  of  fire  escapes,  52,  61st  clause. 

precautious  against  fire,  52,  62d  clause. 

dilapidated  buildings,  52,  62d  clause. 

construction  of  chinmeys,  etc.,  52,  63d  clause. 

fire  appliances,  52,  64th  clause. 

storeage  of  gunpowder,  etc.,  52,  65th  clause. 

building  of  bonfires,  fireworks,  etc.,  52,  65th  clause. 

regulate  police  force,  52,  66th  and  68th  clauses. 

pass  all  necessary  police  ordiances,  52,  66th  clause. 

inspection  of  steam  boilers,  52,  67th  clause. 

prescribe  duties  of  police,  etc.,  52,  68th  clause. 

erect  calaboose  or  work-house,  52,  69th  clause. 

use  county  jail  for  city  prisoners,  52,  70th  clause. 

fix  relation  with  city  emploj^es,  etc.,  52,  71st  clause. 

suppress  riots,  etc.,  52,  72d  clause. 

punish  cruelty  to  animals,  52,  73d  clause. 

punish  vagrants,  mendicants  and  prostitutes,  52,  74tli  clause. 

declare  nuisances  and  fix  punishments,  52,  75th  clause. 

appoint  a  board  of  health,  52,  76th  clause. 

erect  hospital,  etc.,  52,  77th  clause. 

health  regulations,  52,  78th  clause. 

regulate  cemeteries,  etc.,  52,  79th  clause. 

prohibit  animals  running  at  large,  52,  80th  clause. 

direct  location  of  packing  houses,  etc.,  52,  81st  clause. 

location  of  livery  stables,  blacksmith  shops,  breweries,  etc.,   52,   82d 

clause, 
any  offensive  business,  52,  83d  clause, 
pig-st}',  etc.,  compel  abatement,  etc.,  52,  84th  clause, 
taking  census  once  in  three  years,  52,  85th  clause, 
erect  public  buildings,  52,  86th  clause, 
establish  ferries  and  toll  bridges,  52,  87th  clause. 


INDEX  397 

(References  are  to  Marginal  Paragraphs.) 

CITY  COUNCIL— Continued. 

mill  races  in  streets,  52,  88th  clause. 

eminent  domain  to  extend  streets,  build  sewers,  etc.,  52,  89th  clause, 
limitations  on  grant  to  lay  railroad  tracks,  52,  90th  cla'use. 
license  auctioneers,  etc.,  52,  91st  clause, 
playing  ball,  etc.,  on  streets,  52,  92d  clause, 
lumber  yards,  etc.,  in  fire  limits,  52,  93d  clause, 
contract  for  supplies,  to  lowest  bidder,  52,  94th  clause, 
tax  second-hand  stores,  etc.,  52,  95th  clause, 
regulation  vehicles,  96. 
bathing  beaches,  97. 

to  pass  all  ordinances,  etc.,  to  carry  powers  into  effect,  52,  98th  clause, 
•impose  fines,  etc.,  not  exceeding  $200  or  six  months'  imprisonment,  52, 

98th  clause, 
tax  itinerant  merchant,  53. 
Additional  Powers — - 

to  enforce  ordinances  on  boats,  65. 

licensing  house  of  ill-fame  prohibited,  66. 

may  go  into  adjoining  city  to  suppress  riot,  67,  68. 

contract  with  adjacent  city  for  use  of  sewers,  69. 

establish  house  of  correction,  72. 

contribute  to  support  of  non-sectarian  hospital,  305. 

no  power  to  require  license  of  soldier  to  peddle,  75. 

nor  of  farmer  to  sell  his  products,  74. 
elevators,  license  persons  in  charge,  77,  78. 
license  persons  in  charge  of  steam  boilers,  79,  80. 
speed  of  railroad  trains,  limitations,  81. 
require  flagmen  at  crossings,  82. 
consent  to  lay  pipes  or  string  wires,  84. 
telephone  poles  on  streets,  85. 
prescribe  duties  of  ofificers,  91. 
confirm  appointments,  92. 
fix  compensation  of  officers,  102  to  105. 
provide  for  police  matron,  110. 
determine  vacancies,  113. 
pass  appropriation  ordinance,  115. 
contracting  liabilities  limited,  117. 
may  appoint  a  comptroller,  138. 

may  levy  tax  on  foreign  insurance  company,  244,  246. 
levy  taxes,  52,  clause  3  and  505. 
annex  territory,  144  to  153,  158. 
disconnect  territory,  154  to  157. 
may  sell  property  no  longer  necessary,  212  to  214. 
appoint  board  of  fire  and  police  commissioners,  247. 
firemen  and  police  relief  fund,  266. 
establish  and  maintain  library,  328. 
power  to  make  local  improvements,  341  to  448. 
municipal  ownership  of  street  railways,  450  to  455. 
may  require  new  bonds  of  officers,  456  to  459. 
may  pay  cost  of  furnishing  bonds,  460. 
special  funds  for  parks  and  boulevards,  461  to  463. 
may  approve  plats,  466  to  475. 
may  vacate  streets,  476,  477. 
establish  pleasure  drive-ways,  478  to  480. 
license  plumbers,  481  to  487. 
prescribe  rules  for  plumbing  and  sewerage,  485. 


398  INDEX 

(References  are  to  Marginal  Paragraphs.) 

CITY  COUNCIL— Contimied. 

may  contract  for  sewerage,  495,  496. 

sidewalks,  under  special  act,  497  to  504. 

rebate  taxes,  refund  illegal  taxes,  519  to  521. 

special  sewer  fund  tax,  522. 

sewerage  and  light  fund  tax,  523. 

establish  water  works,  524  to  530. 

let  contract  for  water,  531,  538. 

special  assessments  for  water  mains,  535. 

may  lease  or  purchase  water  works,  540. 

punishment  for  interference  with  water  works  or  their  operation,  544. 

may  fix  water  rates,  545. 

additional  powers  as  to  acquiring  water  works,  546  to  564. 
CITY  CLERK  laws. 

election  of,  40,  90. 
to  give  notice  to  officers  elected,  49. 
vacancy,  how  created,  112. 

how  filled,  92. 
power  to  call  special  election,  50. 
oath,  93. 
bond,  93. 
qualifications,  95. 

not  to  be  interested  in  contracts,  96,  216,  217. 
ijot  to  hold  other  office,  98. 
to  commission  officers  elected,  94. 
general  duties,  99,  76. 

keeper  of  the  official  seal,  99. 
to  keep  record  of  ordinances,  100. 

certificate,  evidence  of  passage,  etc.,  of  ordinances,  100. 
compensation  not  to  be  changed,  104,  105. 
power  to^administer  oaths,  107. 
to  countersign  warrants,  124. 
keep  bond  record,  140. 
duties  of  comptroller,  138,  139. 
further  duties  may  be  required,  141. 
responsible  for  fidelity  of  subordinates,  143. 
duty  as  to  tax  levy,  ordinance,  505. 
to  join  with  mayor  in  conveyances,  214. 
special  sidewalk  tax,  duties,  499,  500. 

ORDINANCES. 

to  sign  all  licenses,  574,  655,  715,  747. 

keep  register  thereof,  715. 
keeper  of  seal,  835. 
keep  journal,  835. 
monthly  financial  reports,  835. 
general  duties,  835. 
oath,  826. 

bond  and  condition,  827,  828. 
not  to  be  surety  for  another  officer,  829. 
to  commission  officers,  830. 
monthly  account  of  moneys  collected,  832. 
annual  report,  842. 
salary,  843. 

sign  certificate  of  approval  of  plats,  856. 
to  forward  papers  to  committees,  951,  rule  23. 


INDEX  399 


(References  are  to  Marginal  Paragraphs.) 

CITY  ENGINEER  laws. 

member  of  the  board  of  local  improvements,  347. 
duty  to  make  estimate  of  cost,  351. 

ORDINANCES 

term  of  office,  when  to  begin,  825. 
oath,  826. 
bond,  amount,  827. 
condition,  828. 
general  duties,  841. 
annual  report,  842. 
salary,  843. 

to  attend  meetings  of  council,  951,  rule  27. 
charge  of  sidewalks,  959. 
numbering  of  buildings,  977. 
permits  for  openings  in  streets,  978,  979. 
civil  service,  172  to  211. 
CLAIMS  ORDINANCES. 

must  be  verified  by  affidavit,  662. 
and  must  be  referred  to  a  committee,  662. 
committee  on,  duties  of,  948. 
COAL  AND  COAL  YARDS  laws. 

may  regulate  inspection  and  weighing,  52,  54th  and  93d  clauses. 

ORDINANCES. 

short  weights  prohibited,  1008  to  1012. 
COCKFIGHTS  laws. 

power  to  prohibit,  52,  59th  clause. 

ORDINANCES. 

penalty  for  conducting,  597. 
COLLECTOR,  CITY  laws. 

office  created,  91. 
general  duties,  134  to  137. 
reports  to  city  council,  135. 

to  county  collector  of  delinquent  assessments,  135. 
turn  over  money  promptly,  136,  414. 
penalty  for  withholding  funds,  228  and  136. 
execute  warrants  for  local  improvements,  406. 

publish  notice,  407. 

demand  payment,  408. 

delinquent  list,  409. 

penalty,  where  assessments  is  paid,  413. 
compensation  to  be  fixed  by  council,  414. 

ORDINANCES. 

appointment,  term,  825. 
oath,  826. 
bond,  amount,  827. 
condition,  828. 
general  duties,  837. 
compensation,  846. 

moneys  collected  to  be  turned  over  immediately,  832. 
monthly  reports,  832,  837. 

accounts  to  be  audited  by  finance  committee,  948. 
delinquent  report,  837. 
COMMISSION  laws. 

all  officers  except  clerk,  aldermen  and  mayor  to  be  commissioned,  94. 

ORDINANCES. 

to  be  signed  by  mayor,  etc.,  830. 


400  INDEX 

(References  are  to  Marginal  Paragraphs.)  - 

COMMISSIONER  OF  HEALTH     ordinances. 

appointment  and  term,  686. 

bond  and  oath,  826,  827,  828. 

salary%  843. 

qualifications,  686. 

general  duties,  686. 

annual  report,  687. 

burial  permits,  688. 

reports  to,  by  physicians,  of  death,  689. 

contagious  diseases,  690,  696. 
blanks,  691. 

compulsory  vaccination,  692. 
power  to  establish  and  enforce  quarantine,  693. 
precautions  to  prevent  spread  of  contagion,  695,  696. 
supervision  of  scavengers,  704. 
charge  of  dumping  grounds,  705. 
abatement  of  nuisances,  820. 
to  enforce  cigarette  ordinance,  659. 
disinfect  after  consumption,  696. 

COMMITMENT  laws. 

prisoner  may  be  committed  for  violation  of  ordinance  until  fine  and  costs 

are  paid,  59. 
over  night  or  Sunday  for  trial,  101. 

ORDINANCES. 

for  trial,  in  default  of  bail,  910.  , 

imprisonment  satisfied  by  labor  at  $1  per  day,  919. 
fine  and  costs  commuted  at  50  cents  per  day,  919. 

COMMITTEES  ordinances. 

contracts  of  officers  must  be  ratified  by,  661,  950. 

all  claims  must  be  audited  by,  662,  951,  rule  24. 

appointed  by  the  mayor,  947. 

duties  of  standing  committees,  948. 

time  of  meeting,  949. 

report  of,  to  be  deferred  one  week  for  final  action,  31  and  951,  rule  22. 

must  be  to  next  regular  meeting,  951,  rule  21. 
proposition  involving  expenditure  of  money  must  be  referred,  951,  rule  24. 

COMPTROLLER  laws. 

if  there  be  none,  duties  devolve  on  clerk,  138  to  140. 

CONCEALED  WEAPONS  _        ordinances. 

penalty  for  carrying,  775. 

forfeiture  of,  775.  '      ' 

CONDEMNATION  laws. 

power  to  extend  street  or  sewer  across  railroad,  52,  89th  clause. 

taking  property  .for  local  improvement,  353  to  375. 

of  street  railways,  municipal  ownership,  450. 

for  water  works,  529,  533,  542,  543. 

ORDINANCES. 

of  dilapidated  buildings,  647. 

wooden  buildings  inside  fire  limits,  646. 
gaming  implements,  787,  788,  789. 
CONSERVATORS  OF  THE  PEACE     laws.  > 

mayor,  aldermen,  policemen,  etc.  101. 
CONTAGIOUS  DISEASES  laws. 

make  all  regulations  for  suppression  of  disease,  52,  78th  clause. 


INDEX  401 


(References  are  to  Marginal  Paragraphs  ) 
CONTAGIOUS  DISEASES— Contifiued. 

ORDINANCES. 

duty  of  commissioner  of  health,  686. 

physicians  to  report,  690. 

vaccination,  692. 

quarantine,  693. 

precautions  to  prevent  spread,  694  to  696. 

CONTRACTS  laws. 

may  be  let  for  supplies,  52,  94th  clause, 
officers  not  to  be  interested,  96,  216,  217, 
officers  not  to  shave  warrants,  225 
not  to  be  made  in  excess  of  appropriations,  117. 
for  use  of  sewers  with  adjoining  city,  69,  495. 
for  local  improvements,  417  to  427. 
mechanics'  liens  on  public  contracts,  449. 
for  building  libraries,  etc.,  337  to  339. 
for  water  works,  524  to  564. 
exceeding,  $500,  71 

ORDINANCES. 

not  to  be  made  by  officers  without  authority,  661. 

wages  of  employes,  663. 

for  supplies,  to  be  let  to  lowest  bidder,  664. 

CONVEYANCES  laws. 

of  property  ordered  sold,  shall  be  signed  how,  214. 

CORNER  STONES  laws. 

shall  be  set,  at  starting  point,  in  laying  out  additions,  466. 
neglect  to  plant,  penalty,  469. 

ORDINANCES. 

penalty  for  disturbing,  983. 

CORPORATION  COUNSEL  laws. 

authority  for  creation  of  ofhce,  91. 

ordinances. 
appointment  term,  etc.,  825. 
oath,  826. 

bond  and  condition,  827,  828. 
general  duties,  839. 
annual  report,  842. 
salary,  843. 
to  attend  meetings  of  council,  951,  rule  27. 

CORRUPT  PRACTICES  OF  OFFICERS       laws. 

unlawful  for  aldermen  to  hold  other  office,  215. 

not  to  be  interested  in  contracts,  216. 

bribery,  216  to  219,  97. 

no  officer  to  act  as  attorney  to  procure  contract,  216. 

embezzlement,  220. 

malfeasance,  221. 

forfeiture  of  office,  221. 
intoxication,  222. 

third  conviction  forfeits  office,  222. 
furnishing  liquor  to  prisoners,  223. 
extortion,  224. 
shaving  warrants,  225. 
taking  illegal  fees,  226,  227. 

second  conviction  forfeits  office,  226. 


402 INDEX 

(References  are  to  Marginal  Paragraphs.) 
CORRUPT  PRACTICES  OF  OFFlCERi^— Continued. 
withholding  funds,  228. 

disquaHfied  in  future  to  hold  any  office,  228. 
withholding  or  mutilating  records,  229. 

COSTS  LAWS, 

offender  may  be  confined  until  paid,  59. 
in  local  improvements,  how  to  be  paid,  442. 

CROSSINGS  LAWS. 

railroad  company  required  to  construct  and  maintain,  52,  26th  clause, 
to  keep  flagmen,  etc.,  52,  27th  clause. 

ORDINANCES. 

flagmen  at  certain  crossings,  941. 

gates  at  certain  crossings,  942. 

railroad  company  to  construct  and  maintain,  938,  939. 

CRUELTY  TO  ANIMALS         ordinances. 
penalty  for  the  offense,  596. 

CURFEW  ordinances. 

loitering  on  streets  of  children  under  16,  at  night,  forbidden,  665,  800. 

DAMAGES  BY  MOBS         .  laws. 

city  liable  for  three-fourths  damages,  230. 

action,  how  brought,  23  L 

who  entitled  to  recover,  232. 

defenses,  232. 

action  over  against  participants,  233,  236. 

limitation  of  action,  235,  234. 

DEAD  ANIMALS  ordinances. 

regulations  respecting  removal,  823. 
DEADLY  WEAPONS  ordinances. 

assault  with,  penalty,  768. 

carrying  concealed,  775. 
DEAD  WIRES  ordinances. 

required  to  be  removed,  995. 
DEATH  CERTIFICATE  ordinances. 

physician  to  give,  689. 
DEPOTS  laws. 

may  restrain  runners,  etc.,  52,  42d  and  43d  clauses. 

ordinances. 

boys  loitering  about,  798. 

idling  about,  794. 
DESK  SERGEANT  ordinances. 

appointment,  oath,  bond,  825  to  828. 

general  duties,  899. 
DIME  MUSEUMS  ordinances. 

license  required,  566. 
DISEASED  MEATS  ordinances. 

penalty  for  selling,  698. 
DISORDERLY  CONDUCT  laws. 

power  to  pi;pvent,  52,  59th,  72d  clauses. 

ordinances. 

dram  shop  keeper  not  to  suffer,  728. 

penalty  for,  776,  933. 


INDEX  403 


(References  are  to  Marginal  Paragraphs.) 

DISORDERLY  HOUSE  laws. 

power  to  suppress,  52,  45th  clause. 

ORDINANCES. 

dram  shop  keeper  not  to  suffer,  728. 

penalty  against,  777. 
DISCONNECTING  TERRITORY     laws 

may  be  done  by  city  council,  154. 

ordinance  to  be  recorded,  155. 
DISTURBANCES  laws. 

power  to  prevent,  52,  59th  and  72d  clauses. 

ORDINANCES. 

of  assembly,  778. 

funeral,  779. 

peace,  780,781,769. 

firing  guns,  cannons,  etc.,  784. 

unlawful  assembly,  813. 

Sunday  amusements,  811. 

bells  and  gongs,  769. 

fireworks,  785. 
DOGS  LAWS 

prohibit  running  at  large,  52,  80th  clause. 

impose  a  tax  on,  52,  80th  clause. 

ORDINANCES. 

danger  of  hydrophobia  required  to  be  muzzled,  593. 

vicious  dogs,  594. 

female  dogs,  595. 
DOG  AND  PONY  SHOWS  ordinances. 

license  required,  566. 
DRAINS  (See  Sewers). 

DRAM  SHOPS  (See  Intoxicating  Liquors),     laws. 

power  to  license,  52,  46th  clause. 

prohibition  against  selling  to  minors,  etc.,  52,  48th  clause. 

license  not  to  be  less  than  $500,  240. 

bond  to  the  People,  241. 

soldiers'  home  limit,  1|  miles,  242. 
DRAYS  LAWS.. 

power  to  license,  52,  42d  clause. 

ORDINANCES. 

license  required,  749,  1004. 

Maximum  charges,  1004. 

chief  of  police  may  designate  stands,  1000. 

report  to  chief  of  police,  782. 

DRUGS  ORDINANCES. 

not  to  be  distributed  promiscuously,  702. 
DRUGGISTS  LAWS. 

may  be  granted  permit  to  sell  liquors,  52,  46th  clause. 

ORDINANCES. 

sale  of  intoxicating  liquor,  permit  and  restrictions,  739. 
revocation  of  permit,  746. 
sale  of  poisons,  703. 
DUMPING  GROUNDS  ordinances. 

location  and  use  of,  705. 

under  supervision  of  commissioner  of  health,  705. 
scavengers  to  remove  offal  to,  704. 


\ 


404  INDEX 


(References  are  to  Marginal  Paragraphs.) 

DUMB  WAITERS  ordinances. 

prohibited  in  places  where  liquor  is  sold,  725. 

ELECTIONS  LAWS. 

are  governed  by  the  Australian  ballot  law,  36. 

primary'   elections,   38. 

election  commissioners,  37._ 

annual  election  third  Tuesday  in  April,  39. 

special  elections,  50,  51. 

officers  to  be  elected,  40. 

qualifications  of  electors,  41. 

notice  to  be  given,  48,  51. 

tie  vote,  48. 

notice  to  person  elected,  49. 

minority  of  council  may  call,  if  there  is  no  quorum  in  office,  50. 

required  to  sanction  additional  appropriations,  115. 

for  annexation  of  territory,  144,  158. 

of  one  city  to  another,  158. 
for  adoption  of  board  of  fire  and  police  commissioners,  265. 

firemen  and  police  relief  fund,  266. 

municipal  ownership  of  street  railways,  450. 

parks  and  boulevards,  461. 

for  lease  or  purchase  of  water  works,  540,  549,  556,  557. 

to  increase  capacity  of  water  w^orks,  547,  549. 

ORDINANCES. 

conduct  of  election,  666. 
disorderly  conduct  at  polls,  667. 
election  contest,  aldermen,  668. 
saloons  to  be  closed  on  election  day,  732.  " 

ELECTRIC  LIGHT         -  laws. 

consent  required  for  use  of  streets,  84. 

ORDINANCES. 

injury  to  property  of  company,  803. 

dead  wires  and  unused  poles  to  be  removed,  995. 
EMBEZZLEMENT  laws. 

a  felony,  punishment  for,  220. 
ELECTRICIAN  ordinances. 

duties  of,  840. 

appointment,  825. 

bond  and  oath,  826-828. 

annual  report,  842. 
ELEVATORS  laws. 

power  to  license  persons  in  charge,  77. 

ORDINANCES. 

safeguards,  concerning,  631. 
EMPLOYES  LAWS. 

to  provide  by  ordinance  for  relations  with,  52,  71st  clause. 

ORDINANCES. 

wages  of,  663. 

city  clerk  to  disburse  pay  rolls,  835. 
ESTIMATES  laws. 

by  clerk,  of  appropriations  needed,  138. 
by  library  board,  of  cost  of  proposed  building,  337. 
by  city  engineer,  of  local  improvements,  348,  351. 

ORDINANCES. 

city  engineer  to  make  for  public  improvements,  841. 


1 


INDEX  405 


(References  are  to  Marginal  Paragraphs.) 

EVIDENCE  LAWS. 

ordinances  proved  by  clerk's  certificate,  56,  100. 

or  by  printed  book,  56. 
certified  copies  of  any  record,  evidence,  99. 

ORDINANCES. 

how  to  be  aken  in  election  contest,  668. 

police  to  hunt  up,  for  violation  of  ordinances,  901,  916. 

EXCAVATIONS  ordinances. 

under  sidewalks,  permit,  conditions,  632. 
adjoining  sidewalks  to  be  guarded,  969,  982. 
not  to  be  made  in  streets  without  permit,  978,  980. 
in  streets,  to  be  guarded,  979,  980,  982. 

EXHIBITIONS  (See  Amusements). 

EXPLOSIVES  LAWS. 

power  to  regulate  and  prevent  storage  of,  52,  65th  clause. 

ORDINANCES. 

not  to  be  weighed  by  lamp  light,  669. 
not  to  be  stored  near  dwelling  house,  818,  10th  clause, 
inflammable  and  explosive  oils,  818,  11th  clause.' 
fire-works  prohibited,  785. 

EXTORTION  LAWS. 

by  officers,  penalty,  224. 

FARMERS  may  sell  without  license,  74. 

FAST  DRIVING  laws. 

power  to  regulate  speed,  52,  21st  clause. 

ORDINANCES. 

speed  of  animals  and  vehicles  limited,  1002. 

FEES  AND  SALARIES  laws. 

compensation  not  to  be  changed  during  term,  104,  105. 
unlawful  to  take  greater  sum  than  amount  fixed,  106. 
report  of  amount  of  fees  collected,  semi-annual,  104. 
of  police  magistrate,  same  as  justice  of  peace,  108. 
penalty  for  taking  illegal,  226,  227. 

ORDINANCES. 

of  poundkeeper,  for  impounding,  588. 

for  feeding,  589. 

for  advertising  and  selling,  590. 
for  building  permits,  650. 
for  cigarette  licenses,  656. 
wages  of  employes,  663. 
license  fees,  dram  shop,  etc.,  721. 
for  other  licenses,  auctioneers,  etc.,  749. 
list  of  salaries,  843. 

none  to  be  paid  while  officer  is  absent,  845. 
compensation  of  aldermen,  844. 
of  witnesses  and  jurors  before  police  magistrate,  917. 

FENCES  laws. 

partition  fences,  power  to  regulate,  52,  60th  clause. 

ORDINANCES. 

bill  posting  on,  prohibited,  772. 
injury  to  park  fences,  etc.,  852. 
barbed  wire,  997. 


406  INDEX 

(References  are  to  Marginal  Paragraphs.) 

FINANCES  LAWS. 

controlled  by  the  city  council,  52,  1st  clause. 

sinking  fund  commission,  131. 

purchase  of  bonds  with  sinking  fund,  lv?2. 

purchase  of  warrants  with  sinking  fund,  133. 

power  to  borrow  money,  etc.,  52,  5th  clause. 

fiscal  year,  114. 

annual  appropriation  ordinance,  115. 

money  to  be  appropriated  for  corporate  purposes  only,  52,  2d  clause. 

further  ap])ropriations  must  be  sanctioned  by  electors,  115. 

power  to  borrow  money  in  emergency,  116. 

contracts  limited  to  appropriations,  108. 

duties  of  treasurer,  118  to  125,  141. 

warrants  may  be  drawn,  when,  126. 

may  be  issued  in  anticipation  of  taxes,  127. 

may  draw  interest,  128.  ' 

duties  of  collector,  134  to  137,  141. 
duties  of  comptroller,  138. 
record  of  bonds,  140. 
referendum  on  issue  of  bonds,  129. 
duties  of  officers  as  to  receipt  and  expenditure  of  moneys  may  be  prescribed 

by  city  council,  141. 
appeal  to  finance  committee  on  adjustment  of  accounts,  142. 
license  exacted  from  foreign  insurance  company,  244,  246. 
tax  levy  ordinance,  505. 
taxes,  how  collected,  506. 

levied  for  particular  purpose  to  be  kept  separate,  508. 
one-half  road  tax  belongs  to  city,  510. 
payment  of  debts,  etc.,  in  case  of  annexation,  158. 
toll  bridges,  159. 
sell  and  convey  property,  212. 
warrants  not  to  be  shaved  by  officers,  225. 
damages  done  by  mob  violence,  230. 
firemen  and  police  relief  fund,  266  to  275. 
library,  tax  for,  328. 

funds  for  buildings,  etc.,  332,  337  to  340. 
municipal  ownership  of  street  railways,  450  to  455. 
additional  bonds  of  officers,  456. 
cost  of  furnishing  security  on  official  bond,  460. 
parks  and  boulevards,  special  funds,  461  to  463. 
contract  for  sewerage  with  adjoining  city,  495. 
sidewalks  by  special  taxation,  497  to  504. 
rebate  and  refunding  of  taxes,  517  to  521. 
special  sewerage  fund  tax,  522. 

sewerage  and  light  fund  tax,  523. 
water  works,  528  to  564. 

ORDINANCES. 

fees  to  be  collected  for  amusement  licenses,  565  to  573. 

impounding  animals,  588. 

building  permits,  650. 

cigarette  licenses,  656. 

certain  occupations,  749. 

plumber's  license,  861-862. 

plumbing  permit,  873. 

license  of  vehicles,  1004. 
contracts  not  authorized  forbidden,  661,  950.  j 


I 


INDEX  407 

(References  are  to  Marginal  Paragraphs.) 

FINANCES— Continued. 

claims  must  be  verified,  662. 

must  pass  before  committee,  662. 
wages  of  employes  and  teams,  663. 
supplies  to  be  let  by  bids,  664. 
■  city  to  furnish  blanks  for  health  department,  691. 
health  commissioner  to  give  estimate  of  appropriations  needed  in  his  de- 
'  partment,  687. 
rate  of  liquor  licenses,  721. 
expense  of  abating  nuisances,  how  recovered,  821. 

of  removing  dilapidated  building,  647. 
bonds  of  officers,  827,  828. 
no  officer  to  be  surety  for  another,  829. 
new  bonds  required  of  officers,  831. 
monthly  reports  of  officers,  832.  .  • 

annual,  842. 
funds  must  be  immediately  paid  over,  832. 
city  clerk  to  keep  accounts,  835. 
general  duties  of  treasurer,  836. 

city  collector,  837,  846. 
.  salary  list,  843. 

of  aldermen,  844. 

no  salary  when  absent  from  duty,  845. 
fines  to  be  paid  into  the  treasury,  920. 
police  magistrate's  report,  920. 

funds  of  library  to  be  paid  to  treasurer  of  board,  928. 
excessive  charges  for  public  services,  934. 
committee  on  finance,  duties,  948. 
yeas  and  nays  on  expenditures,  951,  rule  19. 
proposition  involving  expenditures  to  be  referred,  951,  rule  24. 
FINES  LAWS. 

for  causing  or  continuing  nuisance,  52,  75th  clause, 
penalty  limited  to  $200,  52,  98th  clause, 
ordinance  imposing  must  be  published,  55. 
suit  for  recovery  must  be  in  name  of  city,  57. 
when  collected  must  be  paid  to  treasurer,  58. 
imprisonment  for  non-payment,  59. 
justices  of  the  peace  have  jurisdiction  to  assess,  60. 
may  be  imposed  for  failure  to  perform  street  labor,  62. 
for  injury  to  library  property,  335. 
FIRE  ALARM         ,  ordinances. 

to  be  kept  in  order  by  electrician,  840. 
meddling  with,  penalty,  683. 
false  alarm,  684. 

FIRE    ARMS  ORDINANCES. 

discharging,  784. 
carrving  concealed,  775. 
FIRES  '  LAWS. 

power  to  prescribe  precautions  against,  52,  62d,  63d,  65th  clauses. 

ORDINANCES. 

wooden  buildings  not  to  be  built  inside  the  fire  limits,  642. 

conditions  as  to  repairing  wooden  buildings  in  the  fire  limits,  646. 

precautions  to  be  observed,  669. 

duty  of  fire  chief  to  inspect  dangerous  premises,  670. 

planing  mills,  etc.,  prohibited  in  fire  limits,  671. 

prohibited  in  parks,  852. 


408  INDEX 


(References  are  to  Marginal  Paragraphs.) 

FIRE    CHIEF  ORDINANCES. 

how  appointed,  825. 

term,  825. 

bond,  827,  828. 

oath,  826. 

duties  of,  672. 

to  inspect  dangerous  x^rcmises,  670. 

FIRE  DEPARTMENT  laws. 

power  to  erect  engine  houses,  provide  equipment,  etc.,  52,  64th  clause. 

relief  fund,  266  to  275. 

license  fees  of  foreign  insurance  companies,  244,  246. 

ORDINANCES. 

fire  chief,  duties,  etc.,  672. 

assistant. fire  chief,  673. 

captains,  674. 

members,  675. 

causes  for  removal,  676. 

by-standcrs  to  assist,  677. 

malicious  injur\'  to  equipment,  678. 

running  over  hose,  679. 

unnecessary  throwing  of  water,  680. 

vehicles  obstructing  streets  at  fires,  681. 

meddling  with  fire  hydrants,  682. 

fire  alarms,  683. 

false  alarm,  684. 

committee  on  fire  and  water  to  have  supervision,  948. 

vacation  of  firemen,  685. 

FIRE  ESCAPES  laws. 

power  to  prescribe  construction  of,  52,  61st  clause. 

ORDINANCES. 

what  buildings  to  have,  how  to  be  constructed,  etc.,  629. 

FIRE  LIMITS  LAWS, 

power  to  prescribe,  52,  62d  clause, 
lumber  yards,  etc.,  may  be  prohibited  within,  52,  93d  clause. 

ORDINANCES. 

boundaries  defined,  641. 
wooden  buildings  prohibited,  642. 
conditions  as  to  repairing  wooden  buildings,  646. 
wooden  building  not  to  be  moved,  644. 
roofs  of  buildings  within,  614. 

use  of  streets  inside  for  storing  materials  while  building,  633. 
lumber  yards,  etc.,  prohibited,  671.. 
FIRE  AND  POLICE  COMMISSION       laws. 
act  may  be  adopted  by  vote,  265. 
board,  how  appointed,  term,  etc.,  247,  248,  250. 

qualifications,  oath,  bond,  removal,  249,  261. 

rules,  251,  252. 

e.xaminatioii  of  applicants,  253. 
notice  of  time  and  place,  254. 
standing,  how  determined,  255. 

promotions,  256. 

temporary  appointments,  257. 

removal  on  charges,  258. 

annual  report,  259. 

secretary,  260. 


INDEX  409 


(References  are  to  Marginal  Paragraphs.) 

FIRE  AND  POLICE  COMMISSION— CoK/mwerf. 
rooms  for,  262. 
compensation,  263. 
appeals  from,  264. 
FIREMEN  AND  POLICE  RELIEF  FUND         laws. 
may  be  adopted  by  vote,  268. 
how  fund  created,  266,  267. 
trustees  of  fund,  269,  270. 
treasurer  to  give  bond,  27 L 

warrants,  how  drawn,  272,  275. 
benefits,  273,  274. 
pension  fund,  276  to  29L 
FIRE  PROOF  BUILDINGS         ordinances., 
rules  for  construction  of,  636. 

FIRE  WORKS  ^  ORDINANCES. 

prohibited,  785. 
FISCAL  YEAR  law^s. 

may  fix  commencement  of,  114. 
unless  fixed  begins  with  election,  515. 

ORDINANCES. 

date  fixed  for  beginning.  May  1st,  945.    , 
FLAGMEN  laws. 

power  to  require  at  railroad  crossings,  52,  27th  clause;  82. 

ORDINANCES. 

required  at  certain  crossings,  941,  942. 

FLOORS  ORDINANCES. 

how  to  be  constructed,  624. 
FOODS  LAWS, 

to  regulate  sale  of,  52,  50th  clause. 

ORDINANCES. 

adulterated,  penalty  for  selling,  699. 
diseased  meat,  698. 
undrawn  bodies  fowls,  700. 

FOREIGN  INSURANCE  COMPANY     laws 
power  to  license  and  tax,  244,  246. 

FURNACES  ORDINANCES. 

how  to  be  built,  621. 
GAMBLING  laws. 

power  to  suppress,  52,  45th  clause. 

ORDINANCES. 

penalty,  786. 
GAMING  DEVICES  laws. 

power  to  suppress,  52,  45th  clause. 

ORDINANCES. 

penalty  for  keeping,  787,  789. 
slot  machines,  787. 
destruction  of,  procedure,  788. 
GAMING  HOUSE  laws. 

power  to  suppress,  52,  45th  clause. 

ORDINANCES. 

penalty  for  keeping,  790. 
duty  of  policemen  to  report,  901. 
leasing  for  gaming,  796. 
inmates,  791. 


410  INDEX 


(References  are  to  Marginal  Paragraphs.) 

GARBAGE  laws. 

power  to  prevent  placing  in  streets,  52,  15th  clause. 

ORDINANCES. 

penalty  for  putting  in  streets  and  alleys,  984,  985. 

depositing,  a  nuisance,  818. 

to  be  removed  to  dumping  ground,  705. 

not  to  be  deposited  near  water  supply,  706. 

GAS  LAWS. 

power  to  regulate  laying  of  pipes,  etc.,  52,  13th  clause. 

consent  required  to  lay  pipes,  84;  safety  appliances,  86. 

ORDINANCES. 

malicious  injury  to  property  of  gas  company,  803. 
GASOLINE  '         LAWS. 

power  to  regulate  storage  of,  52,  65th  clause. 

ORDINANCES. 

storage  of,  restrictions,  nuisance,  818,  11th  clause, 
not  to  be  drawn  by  lamplight,  669. 
GATES  LAWS. 

power  to  require  at  railroad  crossings,  52,  27th  clause. 

ORDINANCES. 

required  at  certain  railroad  crossings,  941,  942. 
not  to  obstruct  streets  or  sidewalks,  965. 
GRADES  LAWS. 

power  to  establish  on  streets,  52,  7th  clause. 

change  grade  of  railroad  crossings,  52,  25th  clause. 

ORDINANCES. 

engineer  to  set  stakes,  841. 
penalt}'  for  removing  grade  stakes,  983. 
GUNPOWDER  LAWS. 

power  to  regulate  storage  of,  etc.,  52,  65th  clause. 

ORDINANCES. 

not  to  be  weighed  by  lamplight,  669. 

not  to  be  stored  near  dwelling  house,  818,  10th  clause. 

HACKMEN  L.\ws. 

pow-er  to  license  and  regulate,  52,  42d  clause. 

ORDINANCES. 

license  fees,  749-1004. 
charges  fixed,  1004. 
stands  may  be  designated,  1000. 
HAWKERS  (See  Peddlers.) 

HAY  LAWS. 

power  to  regulate  weight  and  inspection,  52,  54th  clause. 

ORDINANCES. 

full  weight  required,  1017, 1016. 
HEALTH  LAWS. 

power  to  make  all  necessary"  regulations,  52,  78th  clause, 
to  establish  a  board  of  health,  52,  76th  clause, 
establish  hospitals,  52,  77th  clause. 
extends  half  mile  beyond  city  limits,  32. 

ORDINANCES. 

oflRce  of  commissioner,  825,  686. 

reports,  687. 
burial  permits,  688. 
death  certificates,  689. 


I 


INDEX  41  !• 

(References  are  to  Marginal  Paragraphs.) 

HEALTH— Co?itmiied. 

report  of  contagious  diseases,  690. 

quarantine,  693. 

vaccination,  692. 

precaution  to  prevent  spread  of  contagion,  694,  695,  696,  697. 

diseased  meat,  698. 

adulterated  foods,  699. 

anti-spitting,  701. 

promiscuous  distribution  of  drugs,  702. 

regulations  for  sale  of  poisons,  703. 

regulations  for  scavenger  work,  704. 

dumping  grounds,  705. 

protection  of  water  supply,  706. 

cigarettes  containing  opium,  etc.,  sale  prohibited,  660. 

nuisances  defined,  818. 

how  abated,  819  to  821. 
penalties,  822. 

removal  of  dead  animals,  823. 
sanitary  regulations,  privies,  etc.,  824. 
plumbing  regulations,  865  to  894. 
sewer  regulations,  952  to  958.   ' 
consumption,  696. 
undrawn  bodies  of  fowls,  700. 

HITCHING-POSTS  ordinances. 

forbidden  in  certain  limits,  970. 

HOIST-WAYS  ORDIN.\NCES. 

regulations  as  to  building,  630. 

HORSES  LAWS. 

power  to  regulate  speed  of,  52,  21st  clause, 
punish  cruelty  to,  52,  53d  clause, 
prevent  running  at  large,  52,  80th  clause. 

ORDINANCES. 

running  at  large  prohibited,  578. 

cruelty  to  animals,  596. 

speed  of  limited,  1002. 

driving  unhaltered  on  street  forbidden,  987. 

not  to  be  left  unfastened,  767. 

not  to  stand  on  street  in  fire  limits  over  thirty  minutes,  989. 
HOSPITALS  LAWS. 

power  to  establish  and  maintain,  52,  77th  clause. 

contribute  to  support  of  non-sectarian,  305  to  327. 
HOUSE  OF  CORRECTION  laws. 

city  may  establish,  72,   52,  69th  clause;  72,  73. 
HOUSE  OF  ILL-FAME  laws. 

power  to  suppress,  52,  45th  clause. 

licensing  of  prohibited,  66. 

jurisdiction  of  city  extends  outside  of  limits,  65,  52,  45th  clause. 

ordinances. 

penalty  for  keeping,  792. 

leasing  property  for  this  purpose  prohibited,  797. 

inmates,  793. 

policemen  to  report,  901. 
HOUSE  MOVERS  ordinances. 

regulation,  license,  etc.,  707  to  714.  '^ 


412  INDEX 

(References  are  to  Marginal  Paragraphs.) 
HOUSES  (See  Numbering  of  Houses). 

HYDRANTS  ordinances. 

meddlinj^  with,  682. 
malicious  injury-  to,  803. 
IDLING  (Sec  Loitering). 

IMPRISONMENT  l.wvs. 

may  be  part  of  punishment  for  violation  of  ordinance,  59. 
but  not  to  exceed  six  months,  52,  98th  clause. 

ORDINANCES. 

commutation  of  fines,  919. 
released  by  giving  bail,  913. 
INDEBTEDNESS  laws. 

council  may  appropriate  money  to  pay,  52,  2d  clause: 

limited  to  five  per  cent.,  52,  5th  clause. 

must  be  within  annual  appropriation,  117. 

register  of  bonds,  140. 

street  railway  certificates.  451. 

ORDINANCES. 

officers  not  to  create  without  authority,  661. 
INDECENCY  ordinances. 

exposure  of  person,  etc.,  795. 
obscene  books,  804. 

w'ritings,  805. 
vulgar  and  indecent  shows  prohibited,  574. 
INJURIES  ordinances. 

to  equipment  of  fire  department,  678,  679,  682,  683. 
pounds,  591. 

sidewalks,  paved  streets,  etc.,  803. 
library  property ,'^929  to  933. 
property  of  public  ser\'ice  corporation,  934. 
INMATES  ordinances. 

of  house  of  ill-fame,  793. 
INSURANCE  COMPANY  laws. 

power  to  tax,  244,  246. 
INSPECTION  OF  METERS,  760  to  766. 
INTEREST  DEPOSIT,  in,  133. 

INTERURBAN  ordinances.     (See  Special  Ordinances.) 

INTOXICATION  laws. 

power  to  punish  for,  52,  59th  clause. 
of  officer  while  in  discharge  of  duties,  misdemeanor,  222. 
third  conviction  forfeits  office,  222. 

ordinances. 
penalty  for,  783. 

prisoner  drunk  not  to  be  tried  until  sober,  911. 
of  officer  cause  for  removal,  907. 
INTOXICATING  LIQUORS  laws. 

power  to  regulate  and  prohibit  sale,  52,  46th  clause, 
punish  selling  to  minors,  etc.,  52,  48th  clause, 
sales  on  boats,  65. 
minimum  license  for  dram  shop,  240. 
S3, 000  bond  required,  241. 

sale  prohibited  within  11  miles  of  Soldiers'  Home,  242. 
not  to  be  furnished  to  prisoners,  223. 


INDEX  413 

(References  are  to  Marginal  Paragraphs.) 

INTOXICATING  LIQUORS— Con/mwed. 

general  power  to  fix  terms,  etc.,  of  issuing  and  revoking  licenses,  52,  4th  clause. 

ORDINANCES. 

license  for  dram  shops,  715. 
wholesale  dealer's  license,  715. 
license  to  be  kept  posted,  719. 
application,  720. 
rate  of  license,  721. 
bonds,  dram  shop,  722. 

wholesale  dealer,  723. 
disqualifications  for  holding  license,  724. 
not  to  be  sold  in  connection  with  restaurant,  725. 
hours  of  opening  and  closing  saloons,  726. 
screens,  727. 

disorderly  house,  lewd  women,  wine  rooms,  music  prohibited,  728. 
minors  not  to  be  employed,  730,  729. 
loitering  of  drunkards  and  minors  forbidden,  731. 
not  to  be  sold  on  Sundays  and  election  days,  732. 
selling  without  license,  733. 
shifts  and  devices  prohibited,  734. 
acts  of  employes,  734. 
revocation  of  licenses,  735,  736. 
saloon  limits,  737. 
druggists'  permits,  739. 
not  to  be  furnished  to  prisoners,  909. 
minors  not  to  drink  in  saloons,  729. 
licenses  limited  as  to  number,  716. 
saloons  in  basements  prohibited,  717. 

entrances  limited  to  two,  718.  , 

ITINERANT  MERCHANT  laws. 

power  to  tax,  53. 

ORDINANCES. 

license  required,  747,  749. 
bond,  conditions,  752. 
penalties,  757. 

JAIL  LAWS. 

may  contract  with  county  for  use  of,  52,  70th  clause. 
JOURNAL  '  LAWS, 

council  must  keep,  28. 
yeas  and  nays  to  be  entered,  29. 

all  votes  on  expenditures  and  appropriations  to  be  entered,  29. 
to  be  kept  by  clerk,  99. 

ORIDNANCES. 

duties  of  city  clerk,  835. 
JUDGES  OF  ELECTION 

duties  of  under  Australian  Ballot  Law,  36. 

ORDINANCES. 

to  preserve  order  at  polls,  667. 
JUDGMENTS  laws. 

after  appropriation,  borrowing  money  to  pay,  116. 
may  include  commitment  for  violating  ordinance,  59. 
appeal  from,  city  need  not  give  bond,  516. 
in  special  tax  cases,  399. 

ORDINANCES. 

in  case  of  impounded  animals,  584. 


414  INDEX 

(References  are  to  Marginal  Paragraphs.) 

JUDICIAL  NOTICE 

of  changes  in  territory,  153,  156. 

jUNK  SHOPS  LAWS. 

power  to  license  and  regulate,  52,  95th  clause. 

ORDINANCES. 

amount  ui  license  required,  749. 

bond,  752. 

revocation,  755. 
penalties,  757. 
purchase  from  minors,  808. 

JURISDICTION  LAWS. 

extends  outside  of  the  city  limits,  to  suppress  houses  of  ill-fame,  etc.,  52, 
45th  clause. 

slaughter  houses,  etc.,  52,  81st,  83d  clauses. 

over  waters  bordering,  etc.,  62. 

on  boats,  65. 

bridges,  159. 

suppress  riot,  in  adjoining  city,  68.  * 

quarantine  and  health  regulations,  32. 
of  police  magistrate,  108. 
of  justice  of  the  peace,  60. 
JURYLxWVS  LAWS, 

inhabitants  not  incompetent,  513. 

ORDINANCES. 

fees  of,  to  be  taxed,  against  defendant,  917. 

JUSTICE  OF  THE  PEACE  ordinances. 

jurisdiction  in  suits  for  violation  of  ordinances,  60. 
LABOR  LAWS. 

of  prisoners  in  payment  of  fines,  59. 

street  labor,  62. 

ordinances. 

wages  and  hours  of  labor  of  employes,  663. 

of  prisoners,  919. 
LEASING  ordinances. 

premises  for  gaming,  796. 
prostitution,  797. 

LIBRARY  LAWS, 

power  to  establish,  328. 
tax  for  support  of,  328,  340. 
directors  and  term  of  office,  329,  330,  331. 

no  compensation,  331.  •       • 

organization  of  board,  332. 

adoption  of  by-laws,  etc.,  332. 

reports  to  council,  334. 

powers,  332. 
who  may  use,  333. 
penalty  for  injury  to  property,  335. 
donations,  336. 
erection  of  buildings,  bonds,  etc.,  337. 

investment  of  funds,  338. 

how  contract  let,  339. 

may  mortgage  to  secure  money,  340. 

ORDINANCES. 

directors,  appointment,  term,  etc.,  928. 


I 


INDEX 415 

(References  are  to  Marginal  Paragraphs.) 

LIBRARY — Continued. 

funds  to  be  paid  to  treasurer  of  board,  928. 

injury  to  buildings  or  grounds,  929. 
books,  etc.,  930. 

failure  to  return  books,  931. 

taking  property  of  without  right,  932. 

disorderly  conduct  in,  933. 
LICENSES  FOR  CERTAIN  OCCUPATIONS  (See  also  Intoxicating  Liquors.) 

LAWS. 

power  to  fix  terms,  etc.,  of  issuing  and  revoking,  52,  4th  clause. 

hawkers  and  peddlers,  52,  41st  clause. 

pawn  brokers,  52,  41st  clause. 

keeper  of  ordinaries,  52,  41st  clause. 

shows,  theatricals,  etc.,  52,  41st  clause. 

hackmen,  draymen  and  the  like,  52,  42d  clause. 

runners  for  stages,  etc.,  52,  43d  clause. 

billiard  tables,  etc.,  52,  44th  clause. 

toll  bridges,  etc.,  52,  87th  clause. 

auctioneers,  52,  91st  clause. 

lumber  yards,  52,  91st  clause. 

livery  stables,  52,  91st  clause. 

public  scales,  52,  91st  clause. 

brokers,  52,  91st  clause. 

second  hand  stores,  52,  95th  clause. 

junk  stores,  52,  95th  clause. 

itinerant  merchants,  53. 

ORDINANCES. 

to  be  issued  by  the  mayor  and  clerk,  747. 

register  to  be  kept  by  clerk,  748. 

fees,  circuses,  566. 

dog  and  pony  shows,  566. 

theaters,  566. 

fortune  telling,  etc.,  749. 

penny  arcades,  566. 

wild  west  shows,  566. 

house  license,  567. 
curiosities,  etc.,  566. 
dime  museums,  566. 
all  other  shows,  566. 
billiard  tables,  568. 
lung  testers,  569. 
shooting  galleries,  570. 
roller  skating,  571. 
ball  alleys,  573. 
cigarettes,  655* 

auctioneers,  749. 
house  movers,  707  to  714. 

bill  posters,  749. 

draymen,  etc.,  749. 

hackmen,  749. 

hawkers  and  peddlers,  750. 

itinerant  merchants,  749. 

junk  dealers,  749. 

keeper  of  public  scales,  1013. 

pawn  brokers,  749. 

second  hand  dealers,  749. 


416  INDEX 

(References  are  to  Marginal  Paragraphs.) 

LICENSES  FOR  CERTAIN  OCCUPATIONS— Cowiwae^f. 

bonds,  752. 

pawn  broker's  record,  753,  754. 

revocation  of  license,  755. 

license  to  expire  with  fiscal  year,  756,  721. 

penalties,  757. 

scavengers,  704. 
LIENS  LAWS. 

of  mechanics  for  public  improvements,  449. 

on  moneys  collected  for  local  improvements,  417. 

judgment  of  confirmation  on  local  improvements  a  lien,  399. 
LIGHT  LAWS. 

power  to  light  streets,  52,  11th  and  13th  clauses. 

use  of  in  stables,  etc.,  52,  65th  clause. 

ORDINANCES. 

in  city  building  and  on  streets  in  charge  of  committee  on  lighting,  948. 

required  on  moving  trains  at  night,  940. 
LIQUORS  (See  Intoxicating  Liquors.) 
LIVERY  STABLES  laws. 

power  to  regulate  location  of,  52,  82d  clause, 
to  tax  and  license,  52,  91st  clause. 

ORDINANCES. 

not  to  be  located  in  residence  block,  restrictions,  758. 
within  twenty-five  feet  of  residence,  818,  8th  clause. 
LOCAL  IMPROVEMENTS  laws. 

powers  conferred,  by  special  taxation,  etc.,  341. 
board  of  local  improvements,  how  constituted,  343,  347. 
ordinance,  345. 
resolution,  348. 
public  hearing,  349. 

preliminary  steps,  348. 

not  necessary  for  sidewalks,  348. 

resolution  adhering  to  plans,  349. 
recommendation  to  council,  350,  346. 
engineer's  estimate  of  cost,  preliminary,  348. 

final,  351. 
publication  of  ordinance,  when  required,  352. 
where  private  property  is  taken,  354  to  375. 
petition  to  the  court,  354,  355. 
commissioners'  appointment,  duties  and  fees,  355. 

report,  356  to  360. 

assessment  for  water  works,  bridge  and  viaducts  to  be  in  30  install- 
ments, 357. 
affidavit  of  ownership,  361.  ' 

summons  and  publication  as  to  owners  of  land  taken,  362. 
mailing  notice  to  non-residents,  363. 
as  to  parties  assessed,  mailing  notice,  364. 
trial,  conduct  of,  365. 

separate,  366. 

view  by  jury,  367. 

adjournment,  368. 
where  title  has  changed,  369. 
adverse  claimants,  370. 
infant  or  insane  defendants,  371. 
judgment,  effect  of,  372. 


INDEX  417 


(References  are  to  Marginal  Paragraphs.) 

LOCAL  IMPROVEMENTS— Coniimied. 

order  for  possession,  373. 
appeal,  proceedings  pending,  374. 
deficiency,  revised  assessment,  375. 
improvements  requested  by  majority  of  frontage,  377. 
sidewalks,  forty  days  to  owner  to  build,  377. 

ten  days'  notice,  377. 
special  tax,  not  to  exceed  special  benefits,  378. 
special  assessment,  379. 

jurisdiction  of  courts,  380. 
petition  380. 

commissioner,  appointment  of,  381. 
apportionment  between  city  and  owners,  382. 
each  parcel  to  be  assessed  separately,  383. 
assessment  roll,  384. 

notices,  by  mail,  384. 

by  posting  and  publication,  387. 

form,  387. 
affidavit,  384. 
division  into  installments,  385. 
objections,  when  to  be  filed,  389.  ^ 

review  by  court,  390. 
legal  objections,  391. 
trial  by  jury,  392. 
precedence  for  trial,  394. 
modifications  by  the  court,  395,  393. 
land  must  be  first  acquired,  396. 
prior  improvements  of  same  kind  no  objection,  397. 
judgment,  effect,  399. 

on  all  installments  at  one  time,  398. 
lien  on  property  assessed,  399. 
vacation  of  assessment  after  contract  let,  399. 
new  assessment,  400. 

no  objection  that  work  is  completed,  401. 
suppl'emental  assessment,  402. 
against  delinquents,  403. 
roll  certified  by  clerk,  404. 

warrant  to  collector,  406.  * 

collector  to  give  notice,  407. 
to  demand  payment,  408. 
payments  to  be  entered,  408. 
report  of  delinquents,  409. 

prima  facie  evidence,  410. 
tax  judgment,  411,  414. 
sale,  412. 

city  may  buy  in,  416. 
penalty  where  assessment  was  paid,  413. 
money  to  be  paid  over,  414. 

contracts  payable  solely  out  of  special  funds,  417,  438 
letting  by  bids,  418. 
to  be  let  in  ninety  days,  419. 
when  appeal  will  not  stay,  419. 
advertisement,  420. 
bids,  420. 
acceptance,  421. 

notice  to  be  published,  424. 


418 


INDEX 


(References  are  to  Marginal  Paragraphs.) 

LOCAL  IMPROVEMENTS— CoH/m«eJ. 

owners  may  take  contract,  425. 

contract  to  be  let,  426. 
bond  required,  427. 
power  of  board  of  local  improvements  over  the  work,  428,  430. 

may  appoint  inspectors,  etc.,  428. 

report  on  completion  of  work,  429. 

hearing,  429. 

rebates,  429. 
bonds  to  anticipate  installments,  431. 

to  be  issued  at  par,  432. 

interest  on,  440. 

retirement  of,  annually,  386. 

assessment  may  be  paid  in,  434. 
voucher  for  1st  installment,  433. 
payments  as  work  progresses,  439. 
rebates,  44 L 

expenses  and  costs,  how  paid,  442. 
appeals,  may  be  joint  or  several,  443. 
writs  of  error,  444. 

cities  joining  in  local  improvement,  446. 
repeal  of  other  act,  448. 

LOITERING  ORDINANCES. 

in  hallways  of  theaters,  577. 

of  children  on  streets  at  night,  665,  800. 

about  depots,  794. 

about  schools,  799. 

about  churches,  798. 

of  prostitutes  .on  street,  801. 

LOTTERIES  laws. 

power  to  suppress,  52,  45th  clause. 

ORDINANCES. 

prohibited,  802.  . 
slot  machines,  787. 

LUMBERYARDS  laws. 

power  to  license,  52,  91st  clause. 

to  prohibit  in  fire  limits,  52,  93d  clause. 

ORDINANCES. 

prohibited  inside  fire  limits,  67  L 

LUNG  TESTERS  ordinances. 

license  required,  569. 

MALFEASANCE  laws. 

in  office,  punishment  for,  22  L 

MALICIOUS  MISCHIEF  ordinances. 

injury  to  equipment  of  fire  department,  678. 
running  over  hose  with  cars  or  vehicles,  679. 
meddling  with  fire  hydrant,  682. 
injury  to  fire  alarm,  683. 

public  library,  929  to  932. 

to  any  public  library,  803. 
unnecessary  throwing  of  water  from  fire  hose,  680 

MALICIOUS  SUITS  ordinances. 

costs  may  be  taxed  against  complainant,  918. 


INDEX  419 


(References  are  to  Marginal  Paragraphs.) 

MANURE  ORDINANXES. 

nuisances,  enumerated,  818. 
storing  in  alleys,  restrictions,  996. 
MARKETS  LAWS, 

power  over,  52,  49th  clause. 

ORDINANCES. 

under  control  of  committee  on  markets,  948. 
MATRON,  POLICE  laws. 

appointment,  salary  and  duties,  110. 
MAYOR  LAWS.  . 

qualifications  and  term,  1. 

vacancy  in  office,  how  filled,  2,  3. 

pro  tem,  4. 

office  vacated  by  removal  from  city,  5. 

to  preside  at  city  council,  6. 

casting  vote  in  case  of  tie,  6. 

power  to  remove  appointive  officers,  7. 

a  peace  officer,  8,  13,  16,  101. 

may  release  prisoner,  report  to  council,  9. 

general  duties,  10,  11. 

messages  to  the  council,  12. 

may  call  out  militia,  13. 

misconduct  in  office,  14. 

power  to  veto,  34. 

may  call  special  election  where  no  quorum  in  office,  50. 

may  send  police  into  adjoining  territory  in  case  of  riot,  68. 

bond  not  to  be  less  than  $3,000,  93. 

compensation  not  to  be  changed,  102. 

not  to  hold  other  office,  98. 

has  power  to  administer  oaths,  107. 

power  to  determine  vacancy  of  appointive  office,  113. 

warrants  to  be  signed  by  him,  124. 

to  join  in  conveyance  of  property,  214. 

not  to  be  interested  in  contracts,  216. 

not  to  act  as  attorney  to  procure  contracts,  216. 

appointment  fire  and  police  commissioners'  board,  247 

trustee  of  relief  funds,  269. 

appointment  library  board,  330. 

member  of  board  of  local  improvements,  347. 
commissioner,  355. 
affidavit  of  ownership,  361. 

plumbers'  board,  appointment  of,  483. 

ORDINANCES. 

to  sign  licenses  for  amusements  and  shows,  574. 

proclamation  to  muzzle  dogs,  593. 

cigarette  licenses,  655. 

order  removal  of  building  in  conflagration,  672. 

liquor  licenses,  715. 

licenses  for  auctioneers,  etc.,  747. 

appointment  of  officers,  825-895. 

bond,  827. 

compensation,  843. 

to  appoint  examining  board  of  plumbers,  859. 

head  of  police  department,  896. 

special  police,  902. 

directors  of  library,  928. 


420 INDEX 

(References  are  to  Marginal  Paragraphs.) 
MAYOR~Co)jlinued. 

standing  committees,  947. 
to  enforce  rules  of  order,  95 1 . 
MAYOR  PRO  TEA!  laws. 

during  temporary  absence,  council  may  appoint,  4. 
MEATS  LAWS, 

power  to  regulate  sale  of,  52,  50th  clause, 
inspection,  52,  53d  clause. 

ORDINANCES. 

diseased  and  unwholesome,  698. 
MECHANICS'  LIENS  laws. 

for  public  improvements,  duty  to  withhold  funds,  449. 

MEETINGS  ORDINANCES. 

of  the  council,  time  of  holding,  944. 
special,  how  called,  944. 

committees,  time  of  holding,  949. 

officers  required  to  attend,  951,  rule  27. 
MERCHANDISE  BY  WEIGHT,  1017. 
METERS,  INSPECTIOxN  OF,  760  to  766. 
MILITIA  LAWS. 

majr  be  called  out  by  mayor,  in  case  of  riot,  etc.,  13. 

MINORS  ORDINANCES. 

loitering  on  streets,  at  night,  665-800. 

in  saloons  forbidden,  731. 
climbing  on  cars  prohibited,  774. 
loitering  about  churches,  798. 
loitering  about  schools,  799. 
not  to  drink  in  saloons,  729. 
skating  rinks,  572. 

MOBS,  DAMAGES  BY  laws. 

city  liable  for  three-fourth  damages,  230. 
action,  how  bought,  231. 
defenses,  232. 
action  over  against  participants,  233,  234,  236. 

lien  of  judgment,  233. 
notice,  235,  238,  239. 
limitation  of  action,  235,  237. 
MONEY  laws. 

of  the  city  not  to  be  appropriated  except  for  corporate  purposes,  52,  2d  clause, 
power  to  borrow,  52,  5th  clause. 

temporarily  in  case  of  emergency,  116. 
fines  and  licenses  to  be  paid  to  treasurer,  58. 
semi-annual,  of  all  collected,  104. 
treasurer  to  receive  and  keep  account  of,  118. 
treasurer  to  give  receipts   120. 
treasury'  to  render  monthly  statements,  121. 

to  deposit  funds  separately  from  his  own,  122. 

annual  report,  123. 
shall  not  be  paid  out  except  on  warrant   124. 
special  assessment  funds,  distinct,  125. 
when  none  on  hand,  no  warrant  shall  be  drawn,  126. 
collected  by  city  collector,  134. 

reports  of,  135. 

not  to  detain,  136. 


INDEX  421 


(References  are  to  Marginal  Paragraphs.; 

MONEY— Contmued. 

to  take  receipt  of  treasurer,  137. 
withholding  from  successor,  228. 

ORDINANCES. 

monthly  report  of  the  amounts  collected,  832. 
duties  of  treasurer,  836. 
city  collector,  837. 
annual  report  of  all  officers,  842. 
police  magistrate  to  turn  over  to  treasurer,  920. 
quarterly  report,  920. 
MOVING  HOUSES  ordinances. 

on  streets  in  fire  limits,  prohibited,  999. 
permits  for,  999. 

bond,  999. 
notice  to  fire  department,  998. 
license,  707  to  714. 
MATRON,  POLICE  laws. 

power  to  appoint,  duties,  etc.,  110. 
MAGISTRATE,  POLICE  laws. 

election,  term  of  office,  etc.,  108. 
jurisdiction  for  violation  of  ordinances,  60. 

ordinances. 
procedure  before  in  case  of  animals  impounded,  583,  584. 
gaming  implements,  788. 
dilapidated  buildmgs,  647. 
wooden  buildings  in  fire  limits,  646. 
MUNICIPAL  OWNERSHIP  laws. 

street  railways,  450  to  455. 
NAME  laws. 

of  street,  may  be  changed,  52,  23d  clause. 
NIGHT  CAPTAIN  ordinances. 

appointment,  term,  etc.,  825. 
oath  and  bond,  826,  827. 
salary,  843. 
general  duties,  898. 
NOISES  LAWS. 

power  to  prevent  and  suppress,  52,  7 2d  clause. 

ordinances. 
disturbing  peace  by,  780,  781. 
firing  cannon,  etc.,  784. 
NON-RESIDENT  laws. 

not  to  hold  office,  95. 
not  to  be  policeman,  109. 

ordin.\nces. 
notice  to,  in  case  of  owners  of  animals  impounded,  583. 
wooden  buildings  in  fire  limits,  646. 
dilapidated  buildings,  647. 
gaming  implements,  788. 
of  county,  not  to  have  license  to  sell  intoxicating  liquor,  724. 
not  to  be  surety  on  liquor  bonds,  722. 
NOTICE  ordinances. 

of  impounding  animals,  583. 
sale,  585. 
of  contests,  668. 


422  INDEX 

(References  are  to  Marginal  Paragraphs.) 
NOTICE — Continued. 

to  owner  of  gaming  implements  to  be  destroyed,  788. 

of  contagious  disease,  693. 

to  abate  nuisances,  820. 

for  removal  of  dilapidated  buildings,  647. 

of  damaged  wooden  building  in  fire  limits,  646. 
to  fire  department  of  house  being  moved,  998. 
of  revocation  of  dram  shop  license,  735,  736. 

NOXIOUS  WEEDS  ^  ordinances. 

a  nuisance,  818,  7th  clause. 

NUISANCES  LAWS. 

power  to  define,  abate  and  punish  for  creating  or  continuing,  52,  75th  clause, 
drain  ponds,  etc.,  on  private  property,  52,  40th  clause, 
pig-sty,  privy,  etc.,   52,  84th  clause. 

ORDINANCES. 

building  erected  contrary  to  building  ordinance,  600. 

lumber  yards,  planing  mills,  etc.,  in  fire  limits,  671. 

scavengers  to  avoid,  704. 

not  to  be  committed  at  dumping-ground,  705. 

spitting,  701. 

livery  stable  in  residence  blocks,  758. 

bill-boards,  771. 

enumeration  of,  818. 

whose  duty  to  abate,  819. 

notice,  820. 
city  may  abate,  821. 
penalty,  822. 

removal  of  dead  animals,  823. 
sanitary  regulations  as  to  privies,  etc.,  824. 
dilapidated  buildings,  647. 

NUMBERING  HOUvSES  laws. 

power  to  regulate,  52,  22d  clause. 

ORDINANCES. 

how  given,  and  how  changed,  977. 

OATHS  LAWS, 

all  ofificers'must  take  official  oath,  93. 
mayor  and  clerk  may  administer,  107. 

ORDINANCES. 

form  of  for  all  city  officers,  826. 

OBSCENITY  LAWS. 

power  to  prohibit  sale  of  books,  etc.,  52,  45th  clause. 

ORDINANCES. 

by  books,  pictures,  etc.,  804. 
figures,  words,  etc.,  805. 
indecent  exposure  of  person  or  animal,  795. 
conduct,  language,  etc.,  776. 

OBSTRUCTIONS  ordinances. 

of  aisles  in  public  halls  by  chairs,  forbidden,  576. 

of  streets  at  fires,  681. 

in  saloon  windows  after  hours,  forbidden,  727.  ■ 

OFFAL  ORDINANCES.  "M 

depositing  of,  a  nuisance,  818.  * 

in  vicinity  of  North  Fork,  near  water  supply,  706. 


INDEX  423 


(References  are  to  Marginal  Paragraphs.) 

OFFICERS  LAWS. 

appointed,  may  be  removed  by  the  mayor,  7. 

elected,  general  election,  39. 

what  officers  to  be  elected,  40,  90. 

special  elections,  to  fill  vacancy,  51. 

relations  between  may  be  fixed  by  council,  52,  71st  clause. 

council  may  provide  for  appointive  officers  and  prescribe  duties,  92. 

vacancies  in  appointive  office,  how  filled,  92. 

term  not  to  exceed  two  years,  92. 

appointive  office  may  be  discontinued,  91. 

oath,  93. 

bond,  93. 

to  be  filed  with  whom,  93. 

commission,  94. 

all  effects  to  be  delivered  to  successor,  94. 

qualifications,  95. 

not  to  be  interested  in  contracts,  96. 

not  to  hold  other  offices,  98. 

compensation  not  to  be  changed,  104,  105. 

semi-annual  report  of  all  moneys,  104. 

compensation,  taking  more  than  the  percent  fixed,  106. 

non-resident  not  to  be  policeman,  109. 

resignations  to  city  council.  111. 

what  cause  for  declaring  office  vacant,  112. 

who  may  appoint  subordinates,  143. 

in  care  of  annexation  of  city  or  village,  158. 

corrupt  practices,  of,  215  to  229. 

withholding  funds,  penalty,  228. 

withholding  records  for  successor,  229. 

destroying  or  mutilating  records,  229. 

appointment  of,  under  board  of  police  commissioners,  250. 

when  new  official  bonds  may  be  required,  456. 

when  effects  to  be  turned  over  to  surety,  459. 

cost  of  furnishing  security  on  official  bond,  460. 

ORDINANCES. 

election  officers,  666. 

fire  department,  672  to  675. 

health  department,  686. 

buildings,  648. 

police  department,  895. 

appointive,  terms  of,  825. 

condition  of  bonds,  828. 

commission,  830. 

new  bonds,  831. 

not  to  be  surety  on  official  bonds  of  others,  829. 

not  to  contract  without  prior  authority,  661. 

to  render  monthly  account  of  all  moneys,  832. 

records  to  be  open  to  inspection,  833. 

absence  without  leave  forbidden,  834. 

annual  reports,  842. 

salaries,  843,  844. 

not  to  be  paid  when  absent  from  duty,  845. 

OFFICIAL  BONDS  (See  also  Officers.) 

LAWS. 

conditions,  security,  etc.,  93. 
when  new  bonds  required,  7,456. 


424  INDEX 

(References  are  to  Marginal  Paragraphs.) 

OFFICIAL  BONDS— Contimied. 

effect  of  new  bond,  458. 

not  to  release  sureties  for  prior  default,  457. 
to  be  acknowledged,  456. 
cost  of  furnishing  securities  upon,  460. 

ORDINAN'CES. 

no  officer  to  be  surety  for  another,  829. 
amount  of  bonds,  827. 
form  of  condition,  828. 
new  bonds,  831. 

OFFICE  (See  also  Officers.) 

LAWS. 

vacancy  by  removal  from  city,  5. 

failure  to  qualify  ten  da^^s  after  notice  of  election,  causes  a  vacancy,  49.  . 

when  it  becomes  vacant,  112. 

who  determines  vacancy,  113. 

OILS  LAWS. 

to  regulate  storage  of  petroleum,  etc.,  52,  65th  clause. 

ORDINANCES. 

not  to  be  drawn  by  lamplight,  669. 

not  to  saturate  floors,  etc.,  669. 

waste  saturated  with,  etc.,  669. 

storage  of' over  five  barrels,  818,  11th  clause. 

OPENINGS  IN  STREETS  laws. 

to  regulate  for  gas,  etc.,  52,  13th  clause, 
consent  of  owners,  84. 

ORDINANCES. 

in  paved  streets,  regulations,  permit  required,  978,  980. 

other  streets,  979,  980. 
for  sewers  and  drains,  956. 
safeguards,  982. 
ORDINANCES  laws. 

yea  and  nay  vote  on  passage  of,  29. 

majority  of  all  members  elected  is  required  to  pass  same,  29. 
mayor  may  approve  or  veto,  34. 

to  pass  over  veto  requires  vote  of  two-thirds  of  all  members  elected,  35. 
take  effect  if  not  signed  or  vetoed  by  next  regular  meeting  after  five  days,  34. 
style  of,  54. 
publication,  55. 
when  to  take  effect,  55. 
proof  of,  in  book  form,  56. 

by  certificate  of  clerk,  56. 
suits  for  violations,  57. 
imprisonment  for  violating,  59. 
record  of,  100. 

indorsements  ofv  passage  and  publication,  100. 
certified  copies  as  evidence,  100. 
fiscal  year,  fixed  by,  114. 
annual  appropriation,  116,  115. 
duties  of  clerk  transferred  to  comptroller,  139, 
tax  on  insurance  companies,  244-246. 
annual  tax  levy,  505. 
census,  ordinance  for  taking,  514. 
annexing  territory,  144. 

one  city  or  village  to  another,  145. 


INDEX  425 


(References  are  to  Marginal  Paragraphs.) 

ORDINANCES—Contimied. 
disconnecting  territory,  154. 
for  sale  of  property,  212,  213. 
for  local  improvements,  345,  346. 

where  land  is  taken,  354. 

division  into  installments,  385. 
costs,  how  to  be  paid,  442. 

municipal  ownership  of  street  railways,  450  to  455. 
special  fund  for  parks  and  boulevards,  461. 
vacating  streets,  476. 
establishing  pleasure  drive- ways,  478. 
plumbing  regulations,  485. 

contracting  for  sewerage  with  adjoining  city,  496. 
sidewalks,  497  to  504. 
sewerage  fund  tax,  522. 
sewerage  and  light  fund  tax,  523. 
fix  water  rates,  528,  545. 
for  acquiring  water  works,  549. 

ORDINANCES. 

when  to  take  effect,  847. 

penalties  reserved,  848. 

construction  of,  849. 

genera]  penalty,  850. 

clerk  to  publish  and  record,  835. 

ordinances  must  be  referred  to  committee,  948. 

yeas  and  nays  to  be  called,  951,  rule  19. 

PACKING  HOUSES  laws. 

direct  location,  etc.,  52,  81st  clause. 

ORDINANCES. 

location  in  citj'  or  within  one  mile,  prohibited,  818,  9th  clause. 

PARKS  LAWS. 

to  lay  out,  iinprove,  etc.,  52,  7th  clause, 
special  fund  for,  461  to  463. 

ORDINANCES. 

committee  in  charge  of,  851. 
regulations  as  to,  852. 
custodians,  853. 

PARTITION  FENCES  laws. 

power  to  regulate,  52,  60th  clause. 

PARTY  WALLS  laws. 

power  to  regulate,  52,  60th  clause. 
PATROL  WAGONS  laws. 

uncovered  not  to  be  used,  464,  465. 
PAWNBROKERS  laws. 

power  to  tax,  license,  suppress  and  prohibit,  52,  41st  clause 

ordinances. 
license,  required,  747. 
fees,  749. 
revocation,  755. 
when  to  expire,  756. 
bond,  752. 

record  of  property  bought  or  taken  on  pledge,  753,  754. 
penalties,  757. 
report  to  chief  of  police,  754. 


426  INDEX 

(References  are  to  Marginal  Paragraphs.) 
PEDDLERS  LAWS. 

power  to  tax,  and  suppress,  52,  41st  clause, 
soldier  may  sell  without  license,  75. 
so  may  farmer,  74. 

ORDINANCES. 

license  required,  749,  750. 

revocation,  755. 

when  to  expire,  756. 
penalties,  757. 

license  and  badge  to  be  displayed,   751. 
PENALTIES  LAWS, 

ordinance  imposing,  to  be  published,  55. 
suits  for,  instituted  where,  57. 
imprisonment  may  be  part  of,  59. 

not  to  exceed  §200,  fine  and  six  months'  imprisonment,  59. 
commitment  may  be  to  house  of  correction,  72. 

ORDINANCES. 

general  penalty,  where  no  other  is  given,  850. 
not  released  by  passage  of  this  ordinance,  848. 
PENSION  L.\ws. 

pension,  police,  293,  304. 

PERMITS  ORDINANCES. 

building,  649. 

fees,  650. 

repairs,  638. 

use  of  street  or  sidewalk,  633. 
burial,  688. 
druggists,  739. 

location  of  livery  stabie,  758. 
plumbing,  872. 

house  moving,  999,  707  to  714. 
opening  streets,  978,  979. 
sewer  connections,  956. 
removal  of  sidewalks,  960. 
PETROLEUM  (See  Oils.) 

PHYSICIANS  ORDINANCES. 

duty  to  give  death  certificate,  689. 

to  report  contagious  diseases,  690. 
to  prevent  spread  of  contagion,  697. 

PIG  PENS  ORDINANCES. 

suffering  to  become  offensive,  818,  2d  clause. 

not  to  be  located  within  twenty-five  feet  of  residence,  etc.,  818,  8th,   14th 
clause. 
PIN  ALLEYS  (See  Ball  Alleys.) 

PITCH  ORDINANCES. 

not  to  be  boiled  in  proximity  to  building,  669. 
PLANING  MILLS  ordinances. 

prohibited  inside  the  fire  limits,  671. 
PLATS  laws. 

council  may  require  submission,  before  recorded,  512 

must  set  forth  streets,  etc.,  466. 
certificate  of  .surveyor,  467. 
acknowledged  by  owner,  467. 

dedication  of  streets,  468. 

corner  stone  must  be  planted,  469. 


INDEX  427 


(References  are  to  Marginal  Paragraphs.) 
PLATS — Continued. 

penalty  for  non-compliance,  470,  475. 
vacation  ot  plat,  471. 

of  part  of  plat,  472. 

cancellation  of  record,  473. 
highways  to  be  platted,  474. 
vacation  of  streets,  476. 

rights  of  adjoining  owners,  477. 

ORDINANCES. 

additions  to  correspond  to  existing  streets,  854. 
must  be  submitted  to  council,  855. 
certificate  of  approval,  856. 
penalty,  857. 

PLEASURE  DRIVE-WAYS  laws. 

may  be  established  on  not  to  exceed  two  streets,  478. 

petition  of  owners  required,  478. 
travel  on,  may  be  regulated,  480. 

PLUMBERS  LAWS. 

must  have  certificate,  481,  486. 

examinations,  482,  484. 

appointment  of  board  of  examiners,  483. 

meetings  of  board,  484. 

fees  for  licenses,  484. 

ORDINANCES. 

certificate  required  to  engage  in  business,  858. 
renewal  of,  864. 
examining  board,  859. 

quorum,  860. 

meeting,  863. 
examinations,  861. 

fees  for,  862. 

PLUMBING  LAWS. 

may  make  regulations  concerning,  485. 

ORDINANCES. 

plumbing  inspector,  865. 
qualifications,  866. 
duties  and  powers,  867,  868,  869. 
fees  for  inspection,  870. 

certificate,  871. 
permit  required,  872. 

fees  for  issuing,  873. 
standards,  875. 
house  drainage,  sewer  connections,  876. 

material  and  slope,  877. 

inspection,  878. 

iron  pipes,  879,  882. 

soil  pipes,  and  waste  pipes,  880,  881. 

traps,  883. 

wiped  joints,  884. 

lead  pipes,  885. 

overflow  and  drip  pipes,  886. 

sub-soil  pipes,  887. 

drain  connections,  888. 

fixtures,  889. 

water  closets,  890,  891. 


428  INDEX 

(References  are  to  Marginal  Paragraphs.) 

PLUMBING — Continued. 

closure  of  openings,  892. 
testing  work,  893. 
penalties,  894. 

PLUMBING  INSPECTOR  ordinances. 

appointment,  term,  etc.,  825,  865. 
bond,  827,  828. 
salary,  843. 
qualifications,  866. 
duties  and  powers,  867. 
inspections,  868. 

certificates  of,  87  L 
plats,  869. 

to  issue  permits,  872. 
to  keep  record  of  all  sewer  connections,  956. 

POISONS  ORDINANCES. 

must  be  plainly  labeled,  703. 

sellers  must  ascertain  if  to  be  used  for  legitimate  purpose,  703. 
not  to  be  sold  to  persons  under  fourteen  years  of  age,  703. 
POLES  LAWS. 

not  to  be  erected  on  street  without  consent,  84,  85. 

ORDINANCES. 

unused  to  be  removed,  995. 
POLICE  LAWS. 

council  may  regulate,  52,  66th  and  68th  clauses, 
shall  be  conservators  of  the  peace,  lOL 
constable  or  sheriff  may  serve  process,  61. 
have  common  law  authority  of  constables,  101. 
non-resident  not  to  be  appointed,  109. 
may  go  into  adjoining  city  to  suppress  riot,  etc.,  68. 
not  to  furnish  licjuor  to  prisoner,  223. 
pension  fund,  293,  304. 

ORDINANCES. 

duties  as  to  impounding  animals,  579. 

prohibited  from  purchasing  at  sale,  587. 

to  serve  health  notices,  820. 

as  to  dilapidated  buildings,  647. 

bonds,  827. 

salaries,  843. 

chief  of  poHce,  897. 

night  captain,  898. 

desk  sergeant,  899. 

turnkey,  900. 

patrolmen,  901. 

special  police,  902. 

temporary  police,  902. 

power  to  arrest,  903. 

search  warrant,  904. 

neglect  of  duty,  905. 

causes  for  removal,  907,  908.  Ji 

treatment  of  prisoners,  909.  M 

trial  of  offenders,  910.  m 

prisoner  drunk,  911. 

arrest  at  night  or  on  Sunday,  912. 

bail,  913. 


INDEX  429 


(References  are  to  Marginal  Paragraphs.) 

'POLICE—Continued. 

statement  to  be  filed,  914. 
arrest  without  warrant,  915. 
police  as  witnesses,  916. 
falsely  personating,  921. 
resisting  officer,  922. 
rescuing  prisoner,  923. 
drinking  on  duty,  90S. 
vacation  of,  927. 
Salary  while  disabled,  906. 
rearrest  of  escaped  persons,  924. 
posse  comitatus,  925. 
uniforms,  926. 

POLICE  DISTRICT  laws. 

territory  of  adjoining  city,  is  within,  67. 
police  may  go  into,  to  suppress  riot,  etc.,  68. 

POLICE  MAGISTRATE  laws. 

election,  term  of  office,  etc.,  108. 
jurisdiction  in  city  cases,  60. 

ORDINANCES. 

procedure  in  case  of  animals  impounded,  583,  584. 

gaming  implements  seized,  788. 

wooden  buildings  in  fire  limits,  646. 

dilapidated  buildings,  647. 
trial  of  offenders  for  violating  ordinances,  910. 
bail,  913. 

statement  to  be  filed  with,  914. 
jury  and  witness  fees  to  be  taxed  as  costs,  917. 
malicious  suits,  918. 

judgment  may  include  commitment,  919. 
all  fines  collected  to  be  paid  to  treasurer  at  once,  92C. 

quarterly  report  to  council,  920. 

POLICE  MATRON  laws. 

power  to  appoint,  duties,  etc.,  110. 
salaries  to  be  fixed,  110. 

POLO  RINK  ORDINANCES. 

license  required,  571. 
PORTERS  AND  RUNNERS  laws. 

power  to  regulate  and  restrain,  52,  42d  and  43d  clause^; 
POUNDS  ordinances. 

shall  be  in  charge  of  chief  of  police,  581. 

animals  at  large  may  be  impounded  by  police,  579. 
or  any  private  citizen,  580. 

pound  fees,  588. 

breaking  pounds,  etc.,  591. 

record  of  animals  impounded,  581. 
POWDER  (See  Explosives). 

PRIMARY  ELECTIONS 

law  governing,  38. 
PRINTING  LAWS. 

may  be  let  by  contract,  52,  94th  clause. 

ORDINANCES. 

'     committee  on  printing  to  advertise  for  bids,  664. 


430  INDEX 

(References  are  to  Margiual  Paragraphs.) 

PRIvSONERS  LAWS, 

not  to  be  furnished  liquors,  223. 
may  be  detained  over  night  or  Sunday  for  trial,  101. 

ORDINANCES. 

treatment  of,  in  custody,  909. 
trial,  910. 

prisoner  drunk,  to  be  confined  until  sober,  911. 
arrested  at  night,  detained  until  morning,  912. 
bail,  913. 

commitment  labor,  919. 
rearrest  of  escaped,  924. 
PRIVIES  LAWS. 

power  to  compel  cleaning,  etc.,  52,  84th  clause, 
to  direct  location,  52,  84th  clause. 

ORDINANCES. 

scavenger  work  to  be  done  in  the  night  time,  704. 
dumping  grounds,  705. 

foul  or  offensive,  a  nuisance,  818,  4th  clause, 
sanitary  regulations,  824. 
vaults  not  to  be  used  inside  fire  limits,  824. 
PRIZE  FIGHTING  ordinances. 

penalty  for  participating  in,  807. 

attending,  etc.,  807. 

permitting,  807.  , 

PROPERTY  LAWS. 

of  the  city  controlled  by  the  council,  52,  1st  clause, 
when  no  longer  needed  may  be  sold,  212. 

ordinance  must  specify  location,  etc.,  213. 

sold  on  sealed  bids,  213. 

sixty  days'  notice,  213. 

three-fourths  vote  required,  213,  214. 

conveyance  to  be  made  by  mayor  and  clerk,  214. 

title  not  to  pass  until  price  is  paid,  214. 
PROSTITUTES  laws. 

power  to  restrain  and  punish,  52,  74th  clause. 

ordinances. 
loitering  on  streets,  801. 
inmates  of  bawdy  house,  793. 
not  to  be  permitted  in  dram  shop,  728. 
leasing  premises  for  prostitution,  797. 
PROVISIONS  LAWS, 

power  to  regulate  sale  of,  52,  50th  clause. 

inspection,  52,  53d  clause. 

ordinances. 
sale  of  unwholesome,  prohibited,  699. 

benches  containing  for  exhibition  on  sidewalk  must  be  two  feet  high,  974,  975. 
sold  by  weight,  1017. 
PUBLICATION  LAWS, 

of  ordinances,  fixing  penalty,  55. 

making  appropriations,  55. 

in  book  form,  56. 
PUBLIC  BUILDINGS  laws. 

city  may  erect,  52,  86th  clause. 

engine  houses,  etc.,. 52,  64th  clause, 
doors  to  open  outward,  488-489, 


\ 


INDEX  431 

'  (References  are  to  Marginal  Paragraphs.) 

PUBLIC  hVlLDlNGS— Continued. 

mayor  may  close  for  violations  of  requirement,  490. 

ORDINANCES. 

churches,  theaters,  etc.,  building  regulations,  637. 
PUBLIC  LIBRARY  (See  Library). 
PUBLIC  SERVICE  CORPORATIONS         ordinances. 

where  charges  are  fixed,  excessive  rates  forbidden,  934. 
PUNISHMENT  (See  Penalty). 
QUARANTINE  laws. 

jurisdiction  extends  half  mile  beyond  limits,  32. 

all  regulations  for  suppression  of  disease,  52,  78th  clause. 

ordinances. 
may  be  established  by  commissioner  of  health  to  prevent  spread  of  con- 
tagious disease,  693. 
wilful  disobedience  of  regulations,  693. 
QUORUM  LAWS. 

consists  of  a  majority  of  all  members  elected,  24. 
minority  may  compel  attendance,  24. 

call  special  election,  if  necessary,  50. 
majority  of  all  elected  required  to  pass  ordinance,  29. 
RAILROADS  laws. 

may  be  required  to  change  grade  of  crossing,  etc.,  52,  25th  clause, 
fence  right  of  way,  52,  26th  clause, 
construct  and  repair  crossings,  52,  26th  clause, 
flagmen,  etc.,  52,  27th  clause,  82. 
sewers,  etc.,  under  track,  52,  27th  clause. 
can  be  located  in  streets  only  on  petition,  52,  90th  clause, 
notice  of  application,  etc.,  52,  90tli  clause, 
police  power  reserved,  52,  90th  clause, 
speed  of  cars,  may  be  regulated,  52,  21st  clause,  81. 
street  may  be  extended  across,  52,  89th  clause. 

ordinances. 
minors  not  to  climb  on  cars,  774. 
speed  of  trains  limited,  935. 
obstruction  of  crossings,  936. 
unnecessary  whistling  forbidden,  937. 
required  to  construct  and  maintain  approaches,  938,  939. 
lights  required  on  trains,  940. 
gates  required  at  certain  crossings,  942. 
flagmen  at  certain  crossings,  941. 
REAL  ESTATE  (See  Property.) 

RECONSIDERATION  laws.  ^       ' 

vote  not  to  be  reconsidered  at  special  meeting,  except,  30. 
after  veto,  vote  shall  be  reconsidered,  35. 
RECORDS  laws. 

city  clerk  to  keep,  99,  100. 
transcripts  from,  are  evidence,  99. 
city  collector  to  keep,  134,  135. 
of  treasurer,  118  to  123. 
of  bonds  issued,  140. 

withholding  from  successor,  penalty,  229. 
mutilation  of,  229. 

ordinances. 
poundkeeper,  581. 


432  INDEX 

(References  are  to  Marginal  Paragraphs.) 
RECORDS— Contitiued. 

licenses  issued,  574,  741. 

fire  chief,  672. 

commissioner  of  health,  686. 

of  all  city  officers  to  be  open  to  inspection,  833. 

to  be  kept  by  city  clerk,  835. 

of  treasurer,  836. 

of  city  collector,  837. 

of  city  engineer,  841. 
REFERENDUM  on  bond  issued,  129. 

RELIGIOUS  ASSEMBLY  ^         ordinances. 

penalty  for  disturbing,  778. 

boys  loitering  about  churches,  798. 
REMOVAL  OF  OFFICERS  laws. 

by  the  mayor,  of  appointive,  7. 

office  becomes  vacant  by  removal  from  the  city,  112. 
REPAIRS  TO  BUILDINGS  (See  also  Buildings). 

ORDINANCES. 

conditions  of  making,  638. 

not  permitted  inside  the  fire  limits,  where  wooden  building  is  depreciated, 

50  per  cent.  646. 
permit,  649. 

REPEAL  ORDINANCES. 

of  all  ordinances  in  conflict  herewith,  847. 
REPORTS  OF  COMMITTEES        laws 

on  request  of  two  members  of  council,  action  must  be  deferred,  31. 

ORDINANCES. 

on  license  on  liquor  applications,  720. 
on  finance,  948. 
on  ordinances,  948. 
on  claims,  948. 

to  be  in  writing  and  returned  by  next  regular  meeting,  951,  rule  21. 
action  to  be  deferred  at  request  of  two  members,  951,  rule  22. 
all  propositions  involving  expenditures  of  money  must  be  referred  to  a  com- 
mittee and  reported  on,  951,  rule  24. 
REPORTS  OF  OFFICERS  '       laws. 

of  mayor  on  removal  of  appointive  officer,  7. 

to  State  Board  of  Arbitration  in  case  of  strike,  16. 
of  treasurer,  to  be  made  monthl}^  under  oath,  121. 
.    what  to  contain,  121. 

annual,  to  be  published,  123. 
of  collector,  what  to  contain,  134,  135. 

annual  to  be  published,  134. 

to  county  treasurer  of  delinquent  assessments,  409. 
finance  committee  to  settle  all  controversies  over  accounts,  142. 
of  fire  and  police  commissioners,  annual,  259. 
'  of  library  board,  what  to  contain,  334. 
of  city  cierk  to  county'  treasurer  on  delinquent  sidewalk  tax,  500. 

ORDINANCES. 

monthly  reports  required  of  all  officers  collecting  money,  832. 

also  an  annual  report,  842. 
poundkeeper,  581. 
fire  chief,  672. 
commissioner  of  health,  annual,  687. 


I 


4 


INDEX  433 

(References  are  to  Marginal  Paragraphs.) 

REPORTS  OF  OFFICERS— Continued. 

city  clerk,  835. 

treasurer,  836. 

collector,  729,  837. 

city  attorney,  838. 

corporation  counsel,  839. 

electrician,  840. 

engineer,  841. 

plumbing  inspector,  867. 

chief  of  police,  897. 

police  magistrate,  920. 

directors  of  library,  928. 

all  financial  reports  to  be  audited  by  finance  committee,  948. 
RESISTING  OFFICERS  ordinances. 

penalty  for  the  offense,  922. 
RESOLUTIONS  ordinances. 

may  be  withdrawn  by  consent,  951,  rule  11. 

name  of  member  offering  to  be  put  on  journal,  951,  rule  18. 

on  request  must  be  reduced  to  writing,  951,  rule  10. 

RIOT  LAWS. 

power  to  suppress,  52,  72d  clause. 
ROLLER  SKATING  ordinances. 

license  required,  571. 

minors  prohibited,  572. 
RULES  LAWS. 

council  may  adopt,  52,  98th  clause. 

ORDINANCES. 

enumerated,  951,  rules  1  to  27. 

must  be  suspended  to  place  ordinance  on  passage  without  reference  to  a 

committee,  948. 
may  be  suspended  by  two-thirds  vote,  951,  rule  26. 
may  be  prescribed  in  fire  department,  672. 
in  police  department,  897. 
RUNNERS  LAWS. 

for  public  houses,  etc.,  to  license  and  restrain,  52,  43d  clause. 

SALARIES  LAWS, 

not  to  be  changed  during  term,  104,  105. 
of  aldermen,  not  to  exceed  $3  per  meeting,  103. 
on  per  cent,  basis  not  to  exceed  $5,000  per  annum,  106. 
penalty  for  taking  more  than  legal  rate,  226. 

ORDINANCES. 

of  city  officers,  amounts,  843. 

payable  semi-monthly,  843. 
of  aldermen,  844. 

not  to  be  paid  when  absent  from  duty,  845. 
except  in  case  of  policemen,  disabled,  906. 
SALOONS  (See  Intoxicating  Liquors). 
SALOON  DISTRICTS  ordinances. 

limits  prescribed,  737. 
SCALES  LAWS. 

power  to  regulate  weighing,  52,  54th  clause. 

ordinances. 
license  required  to  keep  for  public  weighing,  749,  1013. 
bond,  749, 1013. 


434 INDEX 

(References  are  to  Marginal  Paragraphs.) 

SCALES— Continued. 

duty  to  keep  record  in  ink,  1014. 
maximum  charges,  1015. 
false  weights,  penalty,  1012. 

SCAVENGERS  ordinances. 

license  required,  704. 

.  fees,  $10  per  annum,  704. 
bond,  S500,    704. 
under  supervision  of  commissioner  of  health,  704. 
regulations  as  to  manner  of  doing  work,  704. 
maximum  prices,  704. 
use  of  dumping-ground,  705. 

SEAL  LAWS, 

shall  be  kept  by  clerk,  99. 
papers  attested  by,  competent  evidence  in  court,  99. 

ORDINANCES. 

form  and  inscription,  946. 
city  clerk  is  the  keeper,  835. 

SEARCH  WARRANT  ordinances. 

officer  to  obtain  for  stolen  property,  etc.,  904. 
for  gaming  implements,  788. 

SECOND-HAND  DEALERS  laws. 

power  to  tax,  license  and  regulate,  52,  95th  clause. 

ordinances. 
license  required,  749. 
bond,  752. 
revocation,  755. 
penalties,  757. 
purchase  from  minors,  808. 

SEWERS  AND  DRAINS  laws. 

powers  relating  to,  52,  29th,  57th,  84th  clauses. 

to  construct  under  R.  R.,  52,  27th,  89th  clauses, 
may  contract  with  adjacent  city,  495 
sewerage  fund  tax,  522. 
sewer  and  light  fund  tax,  523. 
by  special  assessment,  491,  492,  493. 
outlet  for  drains,  494. 

ORDINANCES. 

each  house  to  be  separately  connected,  876. 
manner  of  construction  and  materials,  877  to  879. 
water  closets,  890. 

outdoor  closets,  891. 
in  fire  limits,  no  privies  to  be  used,  824. 
drain  connections,  888. 
sanitary  sewers,  use  of,  952. 
surface  sewers,  954. 
no  connection,  without  permit,  955. 
connections,  how  made,  956. 

record  kept  by  plumbing  inspector,  956. 
access  for  inspection,  957. 
weights  and  excavations  prohibited,  958. 

in  opening  trenches,  for,  permits,  etc.,  956,  978,  979,  980,  982. 
permitting  same  to  become  offensive,  a  nuisance,  818,  4th  clause, 
under  sidewalks  to  be  securely  boxed,  963. 


INDEX  435 


(References  are  to  Marginal  Paragraphs.) 

SHOOTING  GALLERIES  ordinances. 

license  required,  570. 

SHOWS  ORDINANCES. 

license  required,  fees  and  classes,  566. 
SIDEWALKS  LAWS. 

powers  relating  to,  52,  7th,  14th,  16th,  20th  clauses, 
under  local  improvement  act,  notice  of  ordinance,  377. 

owner  may  build  in  forty  days,  377. 

resolution,  etc.,  unnecessary,  348. 
under  sidewalk  act,  497. 
notice  of  contract  to  be  published,  503. 

owner  may  build  in  thirty  days,  498. 

in  default,  city  may  build,  498. 

bill  of  cost,  499. 

special  tax  list,  499. 

warrant,  499. 

clerk  to  return  delinquent  list,  500. 

county  treasurer  to  obtain  judgment,  SOL 

ORDINANCES. 

space  under,  permit  for  use  of,  etc.,  632,  967. 
use  of  sidewalk  while  building,  633. 
spitting  on,  prohibited,  701. 
loitering  on,  about  churches,  etc.,  798. 
uniformity  of  grade  and  line  in  construction,  959. 
not  to  be  torn  up  without  permission,  960. 
standard  specifications,  961. 
drains  across,  963. 
obstructing  or  driving  on,  964,  966. 
gates  not  to  swing  over,  965. 
encroachment  of  buildings  prohibited,  968. 
cellar  ways  adjoining,  to  be  guarded,  969. 
hitching  posts  prohibited  on  certain  streets,  970. 
awnings,  971. 
signs,  972. 
painting  upon,  973. 
obstruction  of  by  merchandise,  974. 
provisions  to  be  placed  on  tables,  975. 
banana  peelings,  etc.,  976. 

excavations   under   not   to   be   left   open   at   night,   982. 
SIGNS  LAWS, 

power  to  regulate,  52,  17th,  19th  clauses. 

ORDINANCES. 

not  to  extend  from  building,  over  three  feet,  972. 

to  be  securely  fastened,  972. 

not  to  creak,  972. 
SKATING  RINKS  ordinances. 

license  required,  571. 

minors  prohibited,  572. 
SLAUGHTER  HOUSES  laws. 

power  to  direct  location  of,  52,  81st,  83d  clauses. 

ORDINANCES. 

location  in  city  prohibited,  818,  9th  clause, 
nuisance,  818,  1st  clause. 
SLING  SHOTS  ordinances. 

penalty  for  using  or  having  in  possession,  809. 


436 


INDEX 


(References  are  to  Marginal  Paragraphs.) 

SLOT  MACHINES  ordinances. 

prohibited  as  gaming  devices,  787. 

SOAP  FACTORIES  laws. 

power  to  direct  location  of,  52,  81st  clause. 

SOLDIER 

may  peddle  without  license,  75. 

SPECIAL  ASSESSMENTS  (See  Local  Improvements). 

SPECIAL  ELECTIONS  laws. 

may  be  held,  51. 
minority  may  call,  in  case  there  is  no  quorum,  50. 

SPECIAL  ORDINANCES: 

electric  light,  1018  to  1022. 

Clay  St.  vacated  for  C.  I.  &  S.  Ry.,  1182  to  1183. 

gas,  1023  to  1029. 

heating,  1030  to  1042. 
INTERURBANS 

ordinance  of  1902,  1071  to  1075. 

Danville,  Paxton  &  Northern  R.  R.,  1115  to  1127. 

Danville,  Urbana  &  Champaign  Rv.,  1128  to  1139. 

South  Danville  line,  1146  to  1150." 

Western  Brick  Co.  line,  1140  to  1145. 
STEAM  RAILROADS 

opening  Harrison  st.  across  C.  &  E.  I.,  1164  to  1166. 
,    opening  Van  Buren  st.  across  Wabash,  1167  to  1170. 

Danville  and  Indiana  Harbor,  1171  to  1181. 

vacating  Clay  st.  for  C.  I.  &  S.,  1182  to  1183. 
STREET  RAILWAYS 

East  Fairchild  st.  line,  west  of  C.  &  E.  I.,  1093  to  1095. 

East  Fairchild  st.  line  east  of  C.  &  E.  I.,  1102  to  1114. 

Highlands -line,  1088  to  1092  and  1151  to  1163. 

Interurban  ordinance  of  1902,  1071  to  1075. 

Local  ave.  and  Ellsworth  Park  line,  1076  to  1085. 

Loop  ordinance,  1067  to  1070. 

Ordinance  of  1891,  1043  to  1062. 

Releasing  Douglas  ave.  line,  1086  to  1087. 

South  Vermihon  st.  line,  1096  to  1098. 

West  English  st.  line,  1099  to  1101. 
TELEPHONES 

American  Telephone  Co.,  1184  to  1190. 

Vermilion  Co.  Telephone  Co.,  1191  to  1203. 
WATER 
Water  Co.  ordinance,  1204  to  1218. 

Water  rates,  1209. 
SPECIAL  POLICE  ordinances. 

appointment,  bond,  oath,  etc.,  902. 
SPECIAL  TAXES  (See  Local  Improvements). 

SPITTING  ORDINANCES. 

on  sidewalks,  etc.,  prohibited,  701. 
STABLES  LAWS. 

power  to  regulate  location,  52,  84th  clause. 

ORDINANCES. 

not  to  be  located  near  dwelling,  etc.,  818,  8tli  clause. 


INDEX  437 

(References  are  to  Marginal  Paragraphs.) 

STAGNANT  WATER  laws. 

Railroad  Co.  not  to  permit  to  stand  on  right  of  way,  52,  27th  clause. 
drainage,  etc.,  of  ponds,  52,  40th  clause. 

ORDINANCES. 

permitting  same  to  stand  on  premises,  818,  6th  clause. 
STEAM  BOILERS  laws. 

may  inspect,  and  may  license  persons  in  charge  of,  52,  67th  clause,  78  to  80. 

STEAM  HEATING  ordinances. 

malicious  injury  to  property  of  company,  803. 

franchise,  1030  to  1042. 
STOVES  LAWS. 

power  to  prevent  dangerous  construction  of,  52,  63d  clause. 

ORDINANCES. 

in  wood  working  shops,  to  be  set  in  frame,  669. 

STREETS  AND  ALLEYS       laws. 

power  oyer,  52,  7th  to  29th  clauses,  89th,  90th  clauses. 

numbering  houses,  52,  22d  clause. 
control  of,  reserved  in  grant  to  railroad,  52,  90th  clause, 
amusements,  etc.,  on,  52,  92d  clause, 
to  require  flagmen  at  railroad  crossings,  82. 
consent  to  lay  pipes  and  string  wires,  etc.,  84,  85. 
one-half  road  taxes,  to  be  used  on,  510. 
local  improvements,  341  to  445. 
special  boulevard  funds,  461. 
plats,  effect  of  as  to  dedication,  468. 
vacation  of  plats,  effect  upon,  471,  472. 
plats  of  highways  to  be  made,  474. 
vacation  of  streets,  476. 

rights  of  adjoining  owners,  477. 
pleasure  driveways,  478  to  480. 

ORDINANCES. 

restrictions  on  use  of,  in  fire  limits  for  buildings  under  construction,  633. 

vehicles  not  to  obstruct  in  vicinity  of  fire,  681. 

encroachment  of  buildings,  upon,  a  nuisance,  818,  12th  clause. 

depositing  of  offal,  etc.,  818,  5th  clause. 

ashes,  manure,  etc.,  in  alleys,  996. 

stable  or  pig-sty  within  fifteen  feet  of  street,  818,  8th  clause. 

city  engineer  to  superintend  work  upon,  841. 

establish  grades  for,  841. 
in  new  plats  to  conform  to  those  existing,  854. 
railroad  companies  to  construct  and  maintain  crossings,  938,  939. 

gates,  942. 

flagmen,  941. 
duties  of  committee  on,  948. 
in  opening  trenches  for  sewers,  permit,  956. 
numbering  of  buildings  upon,  977. 
opening  paved  streets,  restrictions,  978. 

other  streets,  979. 
removing  earth  from,  forbidden,  981. 
excavations  to  be  guarded,  982. 
removing  grade  stakes,  983. 
rubbish  on  street,  984. 

backing,  crossing  and  turning  in  street,  990  to  993. 
glass  on  street,  985. 
slops  in  streets,  818. 


43.8  INDEX 

(References  are  to  Marginal  Paragraphs.) 
STREETS  AND  ALLEYS— Continued. 

obstructing  by  teams,  986. 

driving  unhaltered  horses  upon,  987. 

trees  to  be  kept  trimmed,  988. 

teams  not  to  stand  in  fire  limits  over  thirty  minutes,  989. 

mortar  not  to  be  mixed  on  paved  streets,  994. 

dead  wires  and  unused  poles  to  be  removed,  995. 

barbed  wire  fences,  997. 

buildings  not  to  be  moved  upon,  inside  fire  limits,  999. 

outside  of  fire  limits,  except  by  notice,  998. 
vehicles  to  observe  law  of  the  road,  1001. 

speed  regulated,  1002. 
stands  for  hacks  may  be  designated,  1000. 
STREET  LIGHTS  laws. 

power  to  provide  for,  52,  11th  clause. 

ORDINANCES. 

in  charge  of  committee  on  lighting,  948.. 
malicious  injury  to,  803.. 

STREET  RAILWAYS  laws. 

council  may  permit  use  of  streets,  not  to  exceed  twenty  years,  52,  24th  clause, 
restrictions  on  right  to  use  streets,  52,  90th  clause, 
municipal  ownership,  450  to  455. 

ORDINANCES. 

malicious  mischief  to  property  of,  803. 

special  ordinances  granting  franchises,  see  special  ordinances, 
interurban.     (See  special  ordinances.) 

SUITS  (See  Actions). 

SUNDAY  ORDINANCES. 

keeping  open,  work,  etc.,  810. 

amusements  on,  811. 

saloons  to  be  kept  closed,  732. 

SUPPLIES  ORDINANCES. 

to  be  purchased  on  contract,  664. 

not  to  be  ordered  by  officers  without  prior  authority,  661. 
TAXES  LAWS. 

power  to  levy  for  general  and  special  purposes,  52,  3d  clause. 

to  levy  for  bonded  debt  and  interest,  52,  5th  clause. 

to  repay  temporary  loan  caused  by  emergency,  116. 

to  be  kept  by  treasurer  in  separate  funds,  119,  125. 

warrants  in  anticipation  of  collection,  127. 

limitation  to  two  per  cent.,  505. 

tax  levy  ordinance,  505. 

manner  of  collecting,  506. 

time  of  paying  over,  507. 

uniformity,  except  as  to  local  improvements,  509. 

one-half  road  and  bridge  tax  belongs  to  city,  510. 

for  indebtedness  upon  territon,'  disconnected,  154. 

for  payment  of  debts  when  territory'  is  annexed,  158. 

for  library  purposes,  328. 

for  library  bonds,  337. 

park  and  boulevard,  461,462. 

surplus  fund,  city's  proportion  of  fund,  517. 

drawback,  518. 

rebate  of  in  case  of  conflagration,  519,  520. 


INDEX  439 


(References  are  to  Marginal  Paragraphs.) 

HKXES— Continued. 

refunding  of  illegal  taxes,  521. 

special  sewerage  fund  tax,  522. 

special  sewerage  and  light  fund  tax,  523. 

on  foreign  insurance  companies,  244,  246. 

for  building  and  maintaining  water  works,  532. 

for  water  rents,  534. 

to  pay  for  water  under  contract,  539. 

for  purchase  or  lease  of  water  works,  541. 

special  fund  for  constructing  water  works,  555,  559. 

ORDINANCES. 

account  of  treasurer,  832. 

duty  to  keep  separate  accounts,  836. 
TELEGRAPHS  laws. 

prevent  use  of  streets  for  telegraph  poles,  52,  17th  clause, 
poles,  wires,  etc.,  not  to  be  constructed  without  consent,  85. 
alterations  may  be  required,  85. 

ORDINANCES. 

dead  wires  and  unused  poles  to  be  removed  from  streets,  995. 
dangerous  conditions  to,  be  removed,  840. 
injury  to  property  of  company,  803. 
TELEPHONES  laws. 

consent  of  city  must  be  had,  for  use  of  streets,  85. 
location  of  poles,  etc.,  may  be  changed,  85. 

ORDINANCES. 

dead  wires,  etc.,  to  be  removed,  995. 

electrician  to  examine  dangerous  conditions  of  wires,  840. 
malicious  mischief  to  property  of,  803. 
franchise  to  Long  Distance  Co.,  1148,  1203. 
TEMPORARY  POLICE  ordinances. 

may  be  appointed  by  mayor,  902. 

to  serve  until  next  meeting  of  council,  902. 

bond,  oath  and  salary,  902. 
THEATRES  laws. 

power  to  regulate  places  of  amusement,  52,  58th  clause. 

license  theatricals,  etc.,  52,  41st  clause. 

ORDINANCES. 

license  fees  required  for  entertainments,  566. 

house  license,  567. 
good  order  to  be  maintained,  575. 

special  police,  575. 
no  chairs  in  aisles,  576. 
loitering  in  lobbies,  etc.,  prohibited,  577. 
building  regulations,  637. 

stairways,  exits,  stage,  standpipe,  firemen,  etc.,  637. 

fire  escapes,  629. 
TIE  VOTE  laws. 

in  case  of  election,  to  be  determined  by  lot,  48. 
casting  vote  by  mayor,  6. 
TREASURER       ^        '  laws. 

election  of,  biennially,  40,  90. 
not  eligible  to  re-election,  40. 
fines  and  licenses  to  be  paid  to,  58. 
oath,  93. 
bond,  double  all  estimated  receipts,  93. 


i 


440  INDEX 

(References  are  to  Marginal  Paragraphs.) 

TREASURER— Contimied. 

clerk's  bond  to  be  filed  with,  93.  , 

commission,  94. 

qualifications,  95. 

not  to  hold  other  office,  98. 

compensation  not  to  be  changed,  104,  105. 

unlawful  to  take  excessive  per  centage,  etc.,  106. 

not  to  pay  in  excess  of  appropriations,  116. 

general  duties  of,  118. 

to  keep  separate  accounts,  119. 

give  receipts,  120. 
monthly  statements  under  oath,  121. 
deposit  of  funds  separate  from  his  own,  122. 
keep  register  of  all  warrants  paid,  121. 
annual  report,  123. 

no  money  to  be  paid  except  on  warrant,  124. 
special  assessment  funds  distinct,  125. 
warrants  illegal  when  funds  exhausted,  126. 

after  le\^  of  tax,  anticipation  warrants  limited  to  75  per  cent.,  127. 
appeal  to  finance  committee  as  to  accounts,  142. 
may  appoint  subordinates,  143. 

receive  tax  on  foreign  insurance  company,  244,  246. 
tax  when  collected  to  be  paid  tO;  506. 

to  be  paid  over  every  two  weeks,  507. 
when  collected  for  particular  purpose,  508. 
withholding  funds,  penalty,  228. 

ORDINANCES. 

general  duties,  836. 

reports,  monthly,  832. 
annual,  842. 
salar}^  843. 
•      bond,  827. 

TREES  LAWS. 

to  plant  on  streets,  etc.,  52,  8th  clause. 

ORDINANCES. 

in  parks,  not  to  be 'injured,  852. 
to  be  trimmed  ten  feet  above  sidewalk,  988. 
malicious  injury  to,  on  library  property,  929. 
trespass  to,  on  private  propertj^  812. 

TRESPASS  ORDINANCES. 

on  private  premises,  812. 

TRIAL  ORDINANCES. 

procedure,  in  case  of  animals  impounded,  583. 

wooden  building  sought  to  be  repaired,  in  fire  limits,  646. 

destruction  of  gaming  implements,  788. 

dilapidated  buildings,  647. 
right  of  arrested  person  to  a  speedy  trial,  910. 
prisoner  drunk  to  be  kept  until  sober,  911. 

arrested  at  night,  or  on  Saturday,  912.  j 

bail  for  appearance,  913.  .fl 

costs  to  be  taxed  against  malicious  complainant,  918.  * 

witness  and  jury  fees,  917. 
statement  to  be  filed,  if  the  arrest  was  without  a  warrant,  914. 


INDEX  441 


(References  are  to  Marginal  Paragraphs.) 

TURNKEY  ORDINANCES. 

to  be  appointed,  term,  825. 
oath,  826. 
bond,  827,  828. 

duties  of,  900. 
UNLAWFUL  ASSEMBLY  ordinances. 

participating  in,  813. 

permitting,  814. 
UNWHOLESOME  BUSINESS     laws. 

power  to  prohibit,  52,  83d  clause. 
UNWHOLESOME  PROVISIONS      ordinances. 

milk,  bread,  butter,  provisions,  etc.,  699. 
VACANCY  laws. 

removal  of  mayor  from  city,  vacates  office,  5. 

if  less  than  one  year,  filled  by  council,  3. 

if  more  than  one  year,  by  election, 2. 

in  office  of  alderman,  filled  by  election,  20. 
special  elections,  50,  51. 

in  other  offices,  92. 

resignations,  111. 

when  office  becomes  vacant,  112. 

VACATION  OF  STREETS  laws. 

may  be  done  by  city  council,  476. 

rights  of  adjoining  owners,  477. 
by  owner,  on  vacation  of  entire  plat,  471. 
of  part  of  plat,  rights  saved,  472. 
VACCINATION  ordinances. 

in  case  of  epidemic  of  small  pox,  692. 
VAGABONDS  laws. 

power  to  restrain  and  punish,  52,  74th  clause, 
workhouse  for  confinement  of,  52,  69th  clause. 

ordinances. 
penalty  for  v&grants,  815. 
VAUDEVILLE  SHOWS  ordinances. 

license  required,  566. 
VEGETABLES  ordinances. 

sale  of  decayed  or  unwholesome,  prohibited,  699. 
exhibited  for  sale  on  sidewalks  to  be  placed  on  benches,  975. 
VEHICLES  laws. 

power  to  regulate  speed  of,  52,  21st  clause, 
to  license  hackmen,  etc.,  52,  42d  clause. 

to  prescribe  compensation,  52,  42d  clause. 
ordinances. 
to  observe  law  of  the  road,  1001. 
speed  limited,  1002. 

lights  and  horns  on  bicycles  and  automobiles,  1003. 
license  required  when  kept  for  hire,  1004,  749. 

compensation  prescribed,  1004. 
stands  at  depot,  1000. 
obstructing  sidewalks,  964. 
streets,  986. 

in  fire  limits,  989. 
at  fires,  681. 
running  over  fire  hose,  679. 


442  INDEX 

(References  are  to  Marginal  Paragraphs.) 

VEHICLES— Continued. 

bells  and  gongs  jjrohibited,  769. 

backing,  turning  and  crossing  in  street,  990,  991,  992,  993. 

VETO  LAWS. 

may  extend  to  one  or  more  items,  34. 

to  be  returned  by  the  next  regular  meeting,  34. 

passage  over  veto  requires  two-thirds  vote,  35. 

•WAGES  ORDINANCES. 

amount  fixed  for  man  and  team,  663. 

WARDS  •       LAWS. 

number  in  accordance  with  population,  18. 

council  may  fix  boundaries,  42. 

in  case  of  annexation  of  territory,  158. 

ORDINANCES. 

boundaries  fixed,  599. 

WARRANTS— CRIMINAL  laws. 

may  issue  on  complaint  for  violation  of  ordinance,  59. 
may  be  served  by  policeman,  101. 

ORDINANCES. 

office  to  procure  where  reasonable  cause  exists,  903. 

WARRANTS  FOR  MONEY  laws. 

treasurer  shall  return  canceled,  121. 
signed  by  mayor  and  clerk,  stating  appropriation,  124. 
not  to  be  drawn  when  treasury  empty,  126. 
in  anticipation  of  75  per  cent,  of  tax  levied,  127. 
to  bear  interest,  when,  128. 
not  to  be  shaved  by  city  officers,  225. 

ORDINANCES. 

clerk  to  keep  account  of  warrants  drawn,  835. 
treasurer  of  those  paid,  836. 

WATER  AND  WATER  WORKS,      laws. 

power  to  construct  works,  528. 

to  acquire  property  for,  529. 

make  regulations  governing,  530,  534. 

levy  taxes,  530. 
power  to  unite  with  adjacent  city,  531. 

punish  pollution  of  source  of  supply,  533. 
power  to  construct  by  special  assessment,  535. 
funds  from  water  rates  to  be  kept  separate,  536. 
power  to  contract  with  company,  538. 

to  lease  or  purchase,  540. 
borrow  money,  541. 
right  of  eminent  domain,  542,  543. 
punishment  for  interfering  with,  544. 
power  to  fix  rates,  545. 
additional  powers,  546  to  564. 

ORDIN.\NCES. 

meddling  with  fire  hydrant,  682. 

maHcious  mischief  to  property  of,  803. 

protection  of  supply,  706. 

excessive  rates  prohibited,  934. 

franchise  to  Danville  Water  Company,  1204,  1218. 

table  of  water  rates,  1209. 


INDEX  443 

(References  are  to  Marginal  Paragraphs.) 

WEIGHTS  LAWS. 

power  to  regulate,  as  to  coal,  etc.,  52,  S-lth  clause,  64. 
inspection  of,  52,  55th,  56th  clauses. 

ORDINANCES. 

standard  weights,  1017. 
license  for  keeping  scales,  1013. 
duties  of  weighers,  records,  etc.,  1014. 

maximum  charges,  1015. 
must  conform  to  standards,  1017. 
coal,  1008  to  1012. 

WHOLESALE  LIQUOR  DEALER  (See  Intoxicating  Liquors). 

WITNESSES  ORDINANCES. 

officers  to  secure,  916. 
fees  of,  917. 

WOODYARD  ORDINANCES. 

prohibited  in  fire  limits,  671. 

WOODEN  BUILDINGS  laws. 

may  prescribe  limits  within  which  they  shall  not  be  built  or  repaired. 
52,  62d  clause. 

damaged  fifty  per  cent,  not  to  be  repaired,  52,  62d  clause, 
manner  of  ascertaining  _damage,  52,  62d  clause. 
ordinances. 
fire  limits  fixed,  641. 

erection  prohibited,  within  fire  limits,  642. 
conditions  as  to  repairing,  646. 
permits  to  repair,  638. 

WORK-HOUSE  laws. 

power  to  establish,  52,  69th  clause, 
to  sentence  violators  of  ordinances,  59.  , 

YEAS  AND  NAYS  laws. 

on  restoration  of  officer,  removed  by  mayor,  7. 

passage  of  all  ordinances,  29. 

all  propositions  to  create  a  liability,  29. 

appropriations,  29. 

request  of  any  alderman,  29. 

passage  of  ordinance  over  veto,  35. 

ordinances. 
when  to  be  taken,  951,  rule  19. 


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